IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 

Corporation 


23  WIST  MAiN  STREET 

WEBSTER,  N.Y.  14S80 

(716)  S72-4S03 


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CfHM/ICMH 

Microfiche 

Series. 


CIHIVI/iCMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notos/Notas  techniques  et  bibliographiques 


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the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 

D 


D 


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Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag^e 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicula 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


0   Coloured  maps/ 
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Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


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mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
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Commentaires  suppl^mentaires: 


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tothi 


L'Institut  a  microfilm*  le  meilleur  exemplaire 
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|~~|    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


Thai 
possi 
of  thi 
filmir 


Origii 
begir 
theli 
sion. 
othei 
first  I 
sion, 
or  illi 


0   Pages  discoloured,  stained  or  foxed/ 
Pages  ddcoior^es,  tachet^es  ou  piqu^es 


1/ 


Pages  detached/ 
Pages  ditachdes 


r^  Showthrough/ 


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Transparence 

Quality  of  prir 

Qualiti  in^gale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponlble 


r~7|    Quality  of  print  varies/ 

j      I    Includes  supplementary  material/ 

I     I    Only  edition  available/ 


Thai 
shall 
TINU 
whic 

Mapi 
diffei 
entir( 
begir 
right 
requi 
meth 


Pages  wholly  or  partially  obscured  by  errata 
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ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
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This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqu6  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


/ 


12X 


16X 


y^P^~ 


24X 


28X 


32X 


The  copy  filmed  here  hes  been  reproduced  thenkt 
to  the  generoeity  of: 

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Archives  of  Canada 


L'exempiaire  film6  fut  reproduit  grAce  A  la 
gAnirositA  de: 

La  bibiiothique  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Las  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  rexemplaire  film*,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »•  (meaning  "CON- 
TINUED"), or  the  symbol  Y  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Lea  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  filmAs  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  pege  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmto  en  commenpant  par  la 
premldre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symboie  — »>  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1  2  3 


1 

1 

3 

4 

8 

6 

i                      CONDITION 

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i:         DETROIT    TO    GRAND'  HAVEN,          j! 

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1                              185     MILES. 

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DETROIT    TO    GRAND    HAVEN, 


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DETROIT:  ^   ^ 

STEAK  PRINTIMQ  B8TABLISBUBMT  OF  B.  F.  J0HN8T0NB  *  CO. 

1856. 


A     I 


DIRECTORS. 


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H.  N.  WALKER,  President Detroit, Michioak. 

HENRY  LEDYARD, " 

N.P.STEWART, "  « 

H.  P.  BALDWIN, "  •* 

B.  WIGHT, "  •* 

E.  A.  BRUSH, «  " 

W.  M.  McCONNELL, Pontiac,  " 

H.  P.  YALE, Grand  Rapids,  •« 

E.  B.  WARD, Detroit,  « 

C.  0.  TROWBRIDGE,  Secretary  and  Treasurer. 
R.  HIGHAM,  Chief  Engineer. 


.0.. 


TO  THE  STOCKHOLDERS 


OF  THB 


irfrait  aiii  Itiltoaiilue  ^aitoag  dompng* 


u 


An  amalgamation  of  the  interest  of  the  Detroit  &  Pontiac  and  the 
Oakland  Ss  Ottawa  R<iiIroad  Companies  having  been  perfected,  under 
the  act  of  our  last  Legislature,  and  you  having  devolved  upon  us,  as  a 
Board  of  Directors,  the  "  duty  to  manag«  the  affairs  of  the  Company  to 
the  best  of  our  skill  and  judgment,"  we  think  the  present  an  appropriate 
time  to  lay  before  you  the  condition  and  prospects  of  the  enterprise  in 
which  you  are  engaged.  The  necessary  information  to  enable  you  to 
form  a  correct  opinion  will  be  found  in  this  report  and  the  accompany- 
ing documents,  consisting  of  the  Report  of  your  Chief  Engineer,. the 
charter  of  the  Company,  the  law  authorizing  the  consolidation  of  the 
two  companies,  and  the  proceedings  had  under  and  by  virtue  of  the 
provisions  of  said  law. 

Wo  fully  concur  in  the  opinion  expressed  by  your  Chief  Engineer, 
as  to  th«  value  and  importance  of  your  line  as  a  great  thoroughfare 
between  Now  York  and  New  England  on  the  one  side,  and  the  North- 
western portion  of  the  United  States  on  the  other.  Your  Road, 
passing  as  it  does,  through,  and  commanding  all  of  the  trade  of  the  rich 
and  fertile  valleys  of  the  Shiawassee,  Maple  and  Orand  Rivers,  andtheir 
tributaries,  in  this  State — a  section  of  country  which  has  not  been 
inappropriately  styled  "  the  Garden  of  Michigan" — ^you  might  safely 
rely  upon  the  local  traflBc  alone,  within  a  brief  period,  to  ensure  a  fair 


iJSfctA 


4 

return  upon  the  money  invested ;  but  when  we  ndd  to  this  local  business 
the  immense  through  trade  the  hne  will  command,  it  loaves  no  room 
jO  doubt  but  the  results  will  be  far  more  favorable  than  any  estimntes 
yet  made. 

The  entire  amount  expended  on  the  line,  including  the  extensive 
depot  grounds  in  the  city  of  Detroit,  on  the  day  we  were  elected  Direc- 
tors was: 

Total  of  expenditure, _ $1,0CG,9G9  07 

This  was  expanded  for  the  following  purpose,  viz: 

Depot  grounds  in  Detroit, $304, 720  88 

Buildings,  shops,  tools,  «fec,  (fee 36,000  00 

Locomotives,  cars,  &c. — 60,000  00 

Fuel,  stock,  furniture,  &c 10,OUO  00 

Bonds  ii<sued  to  stockholders  of  the  Detroit  <fe  Pon- 

tiac,  Co.  to  equalize  stock  on  consolidation, 200,000  00 

Leaving  balance  expended  for  all  other  purposes, —  1,307,248  19 

For  this  money  you  have  twenty-five  miles  of  road,  from  Detroit  to 
Pontiac,  finished,  and  well  stocked  and  in  complete  and  successful 
operation.  You  have  twenty-five  miles  more,  on  the  second  division, 
f)"om  Pontiac  to  Fentonville,  so  far  advanced  that  it  will  only  require, 
by  the  estimate  of  your  Chief  Engineer,  ^51,098  to  put  it  in  running 
order.  You  have  the  work  so  far  advanced  on  the  third  division,  from 
Fentonville  to  Owasso,  twenty-eight  miles,  that  it  will  only  require  to 
finish  the  same  an  expedituro  of  §142,001  10. 

It  is  fully  expected  the  second  division  of  your  road  will  be  ojiened 
iu  July,  and  the  third  division  in  September.  You  will  then  have  in 
operation  seventy-eight  miles  of  road,  which  will  yield  you,  according 
to  the  best  estimate  we  can  make,  a  sum  sufficient  to  pay  all  of  your 
interest,  and  a  fair  dividend  upon  the  stock,  expended  up  to  that  point. 

A  contract  has  been  entered  into  with  N.  P.  Stewart,  and  others,  to 
finish  and  put  in  complete  running  order  the  road  from  Ovvass"  to  Lake 
Michigan,  for  three  million  five  hundred  thousand  dollars.  By  the 
torms  of  the  contract  they  are  to  receive  all  the  stock  subscriptions 
made  on  the  line  between  Owasso  and  Lake  Michigan  at  jjar,  and  to 
take  in  stock  such  further  sum  as  will  be  e(|ual  to  one-half  of  the  Com- 
contract  price,  and  the  balance  ia  to  be  paid  in  the  seven  per  cent  bonds 


5 

of  tlio  Compnny  at  par.     Undor  lliis  oonlract  tlicro  lias  boon  oxpendci.l 

botwoon  OwasRi)  niul  Ionia,  a  distance  of  fifty-eiglit  miles,  $143,060  51. 

Tliore  has  l)e<>n  paid  in  upon  stock   subscriptions,   !i*8SS,000.     In 

case  no  other  or  further  subscriptions  to  our  stock  is  obtained,  that 

account,   inchiding  all   which  is  to  be  issmnl   to  the  contractors,   and 

upon  wliicli  tlioy  cannot  vote  utitil  tlieir  work  is  completed  and  accepted 

will  stand  as  follows,  viz: 

Stock  account, _ |2,'755,r)83 

Bonds  issucul  and  to  bo  issued  by  tho  Detroit  an'd  Milwaukee 

Railway  Company - - 3,000,000 

Bonds  issued  by  Oakland  and  Ottawa  Raihoad  Company 

before  consolidated, 224,8.14 

Total, -- $5,980,417 

You  will  see,  by  the  Report  of  your  Chief  Engineer,  that  he  esti- 
mates tho  nett  receipts  of  your  road  the  first  year  after  it  is  completed 
at  ^001,700.  if  this  estimate  is  a  fair  one,  and  wo  believe  it  is,  and 
tho  cost  of  your  road  does  not  exceed  $6,.500,000,  instead  of  tho  sum 
estimated  your  income  will  be  amply  sulKcient  to  pay  all  of  your  inter- 
est, an  eiffkt  percent,  dividend  on  your  stock,  and  have  a  surplus  of 
over  one  hundred  thousand  dollara  per  annum  as  a  sinking  fund  which 
will  more  than  pay  otf  your  bonded  bebt  by  the  time  it  becomes  due, 
nnil  provide  a  fund  for  all  necessary  repairs.  We  most  strongly  urge 
that  this  policy  should  be  adopted — a  policy  which,  if  adhered  to  will 
not  only  add  largely  to  tho  value  of  your  stock,  but  which  will  make 
your  credit  equal  to  that  of  any  railway  company  in  tho  United  States. 
Wo  cannot  but  congratulate  you  upon  these  prospects — prospects  which 

wo  Iteliove  will  bo  more  than  realized  if  tho  road  can  be  finished,  as 
we  believe  it  may  be,  without  unreasonable  delay,  and  with  no  extra- 
ordinary sacrifices. 

All  of  which  is  respectfully  submitted. 

IT.  N.  Walker, 

Henkv  p.  Baldwin, 

B.   Wight, 

H.  Ledvard, 

E.  A.  Brush,  ^  Directors. 

N.  P.  Stewart, 

W.    M.   McCoNNELL, 

E.  B.  Ward, 
H.  P.  Yale.     ,,^ 
Detroit,  June,  1855. 


I 


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./', 


Iftroit  uli  Itilhiaiikec  lliulliian. 


STATEMENT  OF  THE  I'UKSKNT  CONDITION  OF  THE  DETROIT  AXD  PONTIAC 

AND    THE    OAKLAND    AND   OTTAWA   RAILROADS,    WITH   THEIR 

COST    AND  ESTIMATED    BUSINESS   WHEN   FINISHED. 


To  the  President  and  Directors  of  the  Detroit  and  Pontiac  and  the 
Oakland  and  Ottawa  Rail  Bead  Companies: 

Gentlemen: — In  view  of  early  action  by  the  stockliolJera 
of  your  rcspectivo  Companies,  relative  to  accepting  or  rejecting  tlio 
amendments  of  your  Charters,  p.-issed  at  the  last  session  of  the  Legis- 
lature, autliorizing  the  consolidation  of  the  two  roads,  under  the  title 
of  the  "Detroit  and  Milwaukee  Railway,''  I  have  prepared  the  follow- 
ing statement  of  their  condition,  which  is  respectfnily  submitted  to 
your  coneideration. 

{Detroit  anb  {Joutlac  HaiU'oal). 

The   Pontiac   Railroad,  commencing  in  the  city  of  Detroit  and 

terminating  at  Poutiuo,  twenty-five  miles  in  length,  was  originally  con- 
structed in  a  cheap  manner,  with  a  flat  bar  rail  and  trestle  work, 
instead  of  earth  embankments;  was  three  years  since  reconstructed  in 
the  best  manner,  the  trestle  bridging  having  been  filled  in  with  eutln 
the  culverts  re-built  with  stone  and  brick,  the  superstructure  re-laid 
with  a  heavy  T  rail,  wrought-iron  chairs  and  oak  ties,  and  ballasted 
with  good  material,  making  a  substantial,  first-class  road. 


"^   ^^ 


8 

The  termination  of  the  road  in  the  city  of  Detroit  was  also  changed, 
and  a  new  track  of  two  miles,  laid  to  the  new  Depot  grounds  on  the 
Detroit  river. 

This  new  track  is  carried  under  Jefferson  Avenue  and  several  other 
importnnt  streets. 

The  road  has  ample  turnouts  and  branches  at  the  terminations  an  J 
way  stations. 

The  buildings  of  tho  Company  consist  of  a  brick  Engine  bouse,  for 
two  Engines,  and  a  lar^^e  Freight  house  in  the  vilhge  of  Pontiac;  a 
Freight  house  at  Birmingham ;  a  Freight  hous«  and  waiter  station  at 
Royal  Oak,  and  in  the  city  of  Detroit,  an  Engine  house  for  six  Engines, 
a  Machine  shop  with  steam  power  and  tools  all  of  the  best  kind,  suflB- 
cient  to  keep  up  the  machinery  of  the  road;  a  smith  shop,  wood  sheds 
water,  <fec. ;  and  on  the  wharf,  convenient  for  transhipping,  are  two 
large  Store  houses  with  Freight  sheds,  &c. 

The  road  is  stocked  with  five  Locomotives  of  a  small  class,  four 
Passenger  cars  and  forty  Freight  cars. 

The  wl'ole  road  and  fixtures,  including  branches,  turn  tables,  build- 
ings and  machinery,  is  in  good  working  order,  and  will  compare 
favorably  with  any  first  class  road  in  the  country. 

(Daklanb  anb  (Dttatua  Hailroab. 

The  Oakland  and  Ottawa  Railroad  from  Pontiac  to  Lake  Michigan, 
one  hundred  and  sixty  miles  ia  length,  was  surveyed  and  located  in  the 
summer  of  1853. 

That  season,  thf  whole  lino  of  road  was  contracted,  on  terras  with 
which  the  contractors  found  it  impracticable  to  comply.  In  November 
of  the  same  year,  the  contract  was  abandoned,  and  now  contracts  made 
for  the  work  from  Pontiac  to  Owasso,  fifty-three  miles.  These  con- 
tracts embrace  the  entire  construction  of  the  road,  except  the  right  of 
way,  the  iron  rails,  and  chairs,  spikes  and  buildings. 

In  August,  1854,  the  remainder  of  the  road  was  let,  including 
everything,  except  the  right  of  way  and  buildings. 

Twenty  six  hundred  tons  of  iron  purchased  has  been  delivered  ia 


I  1 


-IJ" 


I  I 


New  York,  twelve  hundred  tons  of  which  is  now  in  Detroit,  and  the 
ballance  in  course  of  transit  from  New  York  to  Detroit. 

The  right  of  way  from  Pontiac  to  the  west  Hne  of  Clinton  county, 
eighty-eight  miles,  has  been  purchased,  except  in  a  few  cases,  in  all, 
not  exceeding  five  miles.  These  cases  arc  where  the  ownere  could  not 
be  found,  and  a  few  where  the  Company  have  not  been  able  to  agree 
with  the  land  owners  From  the  west  line  of  Clinton  county  to  Lake 
Michigan,  the  Comj>any  have  contracts  for  most  of  the  right  of  way, 
and  are  negotiating  as  fast  as  possible  for  the  remainder.  It  is  grati- 
fying to  remark,  that  the  Company  have  not  been  obliged  to  pay 
exorbitant  damages  for  the  right  of  way,  and  that  the  best  feeling  exists 
between  the  Company  and  the  land  owners  on  the  line  of  the  road. 

Where  stations  have  been  established,  the  lands  for  the  use  of  the 
Company  have  been  secured  free  of  cost,  and  in  all  cases,  amply  suffi- 
cient in  extent. 

In  the  city  of  Detroit,  the  Company  have  purchased  a  valuable  tract 
of  land  for  Depot  purposes.  This  land  is  adjoining  the  lauds  of  the 
Pontiac  road,  and  with  them,  gives  a  river  front  of  1 G50  feet,  by  an 
average  width  of  300  feet.  This  land  is  admirably  situated  for  the 
purposes  intended,  being  on  the  Detroit  river,  immediately  opposite 
^he  terminus  of  the  Great  Western  Railway,  with  a  river  front  of  one- 
third  of  a  mile,  near  the  conmiercial  centre  of  the  city.  The  accom- 
panying map  of  the  city  of  Detroit,  shows  the  location  of  the  Depot 
grounds,  and  the  connection  with  the  Great  Western  Railway  and  the 
comuieree  of  the  Lakes. 

The  progress  of  the  work  under  the  contracts,  hus  not  been  as  rapid 
as  was  anticipated,  but  considering  the  unfavorable  times,  much  has 
been  accomplished,  and  that  done  in  a  manner  which  may  be  made 
available  at  an  eatly  day. 

There  are  certain  well  developed  and  established  points  on  the  road 
where  traffic  centers  frotn  a  large  surrounding  territory,  where  the  road 
might  be  temporarily  terminated,  and  the  portion  constructed  made 
productive,  by  being  put  in  operation,  in  connection  with  the  Pontiac 
railroad. 

The  very  unfavorable  time  in  regard  to  financial  diflSculties,  in  which 


10 

your  road  was  commenced,  and  particularly  the  impaired  confidence  in 
railroad  investments,  made  this  contingency  possible,  even  in  a  road  as 
important  and  which  promises  as  favorably  as  the  Oakland  and  Ottawa 
Railroad,  and  the  progress  of  the  work  was  therefore  airanged,  (hat  in 
case  of  necessity,  the  road  might  bo  finished  to  meet  these  important 
points  in  succession.  The  first  of  these  business  centres  we  meet  at 
FontonviJle,  twenty-five  miles  west  of  Pontiac,  twelve  miles  south  of 
Flint  and  six  miles  from  Grand  ||]31anc;  from  which  last  place,  is  a 
plank  road  leading  north  foity-thrce  miles,  through  Flint  to  Saginaw. 
The  roadway  to  Fentonvlllo  is  nearly  ready  for  the  superatructuro, 
requireing  only  40,000  yards  to  finish  the  grading. 

The  ties  are  nearly  all  delivered  on  the  road,  tho  iron  purchased,  part 
of  it  in  Detroit,  and  the  remainder  will  be  there  at  the  opening  of 
navigation.     This  twenty-five  miles  of  road  may  bo  brought  into  use 
in  the  early  part  of  Juno. 

From  Fentonville  to  Owasso  or  Corrunna,  (twenty-eight  miles)  tho 
next  most  important  centre  for  traffic,  the  work  is  well  ad\anced, 
requiring  only  140,000  yards  of  grading  and  two  bridges  over  the 
Shiawassee. 

The  ties  are  nearly  all  delivered,  and  the  road  may  be  ready  for  the 
cars,  (if  the  iron  can  be  had)  by  the  first  of  August  next*  These  two 
sections  embrace  the  work  on  the  fiist  contracts. 

From  Owasso  to  Ionia,  the  Contractors  are  at  work  tho  entire 
distance. 

The  woik  is  light  and  at  the  rate  of  progress  which  has  been  made 
since  it  was  commenced,  tho  grading  will  bo  ready  for  the  superstruc- 
ture in  September  next. 

From  Ionia  to  Lake  Michigan,  there  is  no  very  formidable  work  or 
any  great  physical  difEcuUies  to  be  ovormore,  that  need  requiie  more 
than  eighteen  months  to  accomplish.  With  funds  at  the  com  maud  of 
the  Company,  the  whole  lino  of  the  road  from  Pontiac  to  uiaiiu 
Haven,  can  be  finished  and  in  full  working  order,  by  the  autumn 
of  1856. 

The  estimates  of  the  cost  of  tho  road  from  Detroit  to  Lake  Michiiran 
including  tho  road  from  Detroit  to  Ponliac,  amount  to  80,192,050. 

/  "    %  - 


11 

The  following  are  the  details  of  the  estimated  cost  of  the  road^  mad© 
up  from  the  contracts,  which  are  for  specific  sums  lor  the  grading 
bridging,  masonry,  fencing  and  superstructure,  including  iron  from 
Owasso  to  Grand  Haven. 

(Estimates* 


DETROIT   AND   MILWAUKEE    RAILWAY. 

185  miles  of  single  track  and  18  miles  of  sidelings.  Buildings  and 
Rolling  Stock  complete. 

DETROIT   AND   PONTIAC   RAILROAD. 

22  miles  of  single  track, at  $25,000  $550,000 

1  «      «      «        «        (Pontiac)     «     40,0C0  40,000 

2  "      "       «         «         (Detroit)      "     50,000  100,000 

1       '•      «     sidelings  at  stations, "     25,000  25,000 

Depot  lands  in  Pontiac,.. - 10,000 

Depot  lands  at  Way  Stations, . 5,000 

Depot  lands  in  Detroit,... _ 75,000 

Buildings  in  Pontiac  and  at  Way  Stations, 5,000 

Buildings  in  Detroit,... - 20,000 

Tools  and  Steam  Power  in  Detroit, ---  1 0,000 

5  Locomotives, 25,000 

4  Passenger  Care, 5,000 

40  Freight  Oars, 20,000 

Fuel,  iron  and  stock  on  hand  for  repairs,  Ofiice  furniture,  &c.,  10,000 

Total, $900,000 

OAKLAND    AND   OTTAWA   RAILROAD — FROM   PONTIAC  TO   GRAND  HAVEN. 

JProm  Pontiac  to  Owasso. 

Contract  for  constructing  the  road  from  Pon- 
tiac to  Coruuna,  including  grubbing  and 
clt-aiing,  grading, bridging, ctilverts,  road 

crossings,  superstructure,  &c., $340,000 

Contract  for  same  from  Corunna  to  Owasso,  11,000 
Contract  for  fencing  from  Pontiac  to  Owasso,  28,150 
Contract  for  ties  from  Pontiac  to  Owasso,  31,900 
5,600  tons  iron  rails  dolivered  in  Detroit  at 

$80  per  ton, 448,000 

1 40  tons  spikes  at  $100  per  ton  on  delivery,       14,000 

90  tons  chairs  at  $100  per  ton  on  delivery,         9,000         $882,050 


12 

Prom  Owasso  to  Grand  Haven. 

For  railway  complete  ( except  the  lands  and 
buildings,)  from  Owasso  to  tJraud  Ha- 
ven, as  per  contract  with  N.  P.  Stewart 

&  Co., 3,500,000 

Depot  grounds  in  Detroit, - 230,000 

LiUids  and  damages, 50,000 

Station  buildings  at  24    ytalions,  averaging 

i2,000,._l.._ 50,000 

Engine  house  at  Grand  Haven,  for  ten  en- 
gines .- 1 5,000 

Engine  house  centre  of  line, 15,000 

Engine  house  at  Detroit,  for  twenty  engines,     20,000 
Fi  eight  and  Passenger  buildings  at  Detroit 

^ind  Grand  Haven,     _ 30000 

Twenty  Engines  at  $9,000,. 180,000 

Four  hundred  Freight  cars  at  |700, 280,000 

Eighteen  Passenger  cars  at  $2,500, 45,000 

Engineering,  &c., _.     75,000         4,410,000 

Dei  roit  and  Poutiac  road, 900,000 

Total, §6,192,050 

Equal  to  $30,502  71  per  mile,  for  203  miles  of  railway  and  side- 
lings. 

The  capacity  of  your  railway  for  business,  by  reason  of  the  low- 
grades,  the  large  radius  of  the  curves  and  the  great  proportion  of 
straight  line  to  the  curves,  will  exceed  that  of  the  New  York  Cen- 
tral or  the  Great  Western  Railway  in  Canada. 

The  steepest  grade  E;ist,  in  the  direction  of  the  heaviest  traHTK',  will 
not  exceed  thirty-one  feet  to  the  mile;  while  the  most  formidable  to 
be  overcome  going  West,  will  he  no  more  than  thirty-five  feet  to  the 
mile,  and  that  in  the  aggregate  for  only  about  five  and  a  half  miles. 

The  curves,  except  at  the  Depot,  are  practically  nearly  e(|ual  to 
straight  lines,  being  from  five  thousand  to  twenty-five  thousand  feet 
radius. 

The  Detroit  and  Milwaukee  Railway,  when  finished,  will  bo  a 
comi)leto  work  in  itself,  extending  across  the  entire  State,  from  the 
navigable  waters  at  the  city  of  Detroit,  the  Commcicial  cai»ital  of  Ihe 
State,  to  Lake  Michigan,  and  might  rely  solely  upon  the  lesources  of 


--^/ 


\ 


W- 


13 


the  contiguous  territory  along  the  line  for  support :  but  its  position  as 
part  of  the  great  Northern  trunk  line  from  lioston  and  New  Yoik,  to 
the  Mississippi  rivci',  and  finally  from  thence  to  the  Pacific  Ocean, 
gives  it,  ill  a  measure,  a  National  character,  and  secures  a  large 
amount  of  through  traffic  between  the  country  west  of  Lake  Michi- 
gan, and  the  East. 

The  connection  of  your  Railway  with  the  East,  is  the  Great  West- 
ern Railway,  from  Detroit  to  Niagara  Falls,  crossing  the  Niagara 
river  on  the  Suspension  Bridge,  thence  by  the  New  York  Central 
Railroad  to  Albany,  and  from  thence  by  the  Hudson  River  Railroad 
or  Steamboats  to  New  York;  or,  from  Albany  to  Boston,  by  the 
Albany  and  Boston  Railroad.  Another  connection  with  the  East  is 
by  the  Great  Western  Railway  to  Paris,  thence  by  the  Buffal  >  and 
Brantford  road  to  Butfalo;  and  from  thence  to  the  sea-board,  by  the 
several  routes  emanating  from  that  city. 

Through  the  season  of  navigation  on  the  Lakes,  the  steamboats 
from  Detroit  to  ButValo  will  furnish  facilities  for  heavy  freight  and 
ciieap  transportation. 

Oil  the  West,  the  connection  will  be  made  by  Ferries  across  Lake 
Mii'liigan,  with  the  roads  in  Wisconsin  terminating  upon  the  Ltd<e, 
and  extonding  west  to  the  Mississippi  river,  five  in  number,  viz:  The 
Milwaukee  and  Mississippi  Railroad,  from  Milwaukee  to  Prairie  du 
Clii<'n;  the  Milwaukee  and  La  Crosse  Railroad;  the  Racine,  Kc-nosha 
and  Beloit;  the  Manitowac  and  St.  Paul's  and  the  Milwaukee  and 
Du')uquo,  or  '^ialena  Railroad;  and  also,  with  the  roads  running  north 
to  Lake  Superior. 

For  all  roads  in  Wisconsin,  your  road,  as  shown  by  the  following 
tallies,  I'oriiis  the  shoitcst  and  cheapest  line  of  connection  with  the 
roads  east  to  New  Yo(k  and  Boston,  and  must  command  the  entire 
railroad  tratllc  of  that  State,  going  east  or  coming  west;  and  also,  all 
the  east  and  west  travel  from  the  immense  territory  lying  west  of 
Lake  Michigan  to  the  Mississippi  river,  <and  north  of  the  State  of  Illi- 
nois to  Lake  Superior;  a  territoiy  greater  in  extent,  than  any  lailroad 
south  of  Wisconsin  can  command. 


14 


TABLE   OF  DISTANCES — RECAPITULATED. 


From  N«w  York  to 


B;  what  Route. 


Milwaukee,  ria.  Petroitand  Hilwmikee  Ruilwajr, 

"  "    Michigan  Central  Railroad 

"  "    Huflklo  and  MfcliiirnD  ijoutbprn  Kailroad, 

"  "    New  York  and  Erie  and  Michigan  Southern  Railroad,. . . 

Prahrie  La  Crone,  via.  Detroit  and  Milwaukee  Railway, 

"  "    Michigan  Central  Railroad 

"  "    Buffalo  and  Michigan  Southeru  Railroad, 

*<  »    New  York  and  E:ie  and  Mich.  Southern  Railroad, 


Galena,  Tia.  Detroit  and  Milwaukee  Railway 

"        "    MichiKan  Cential  Railroad, 

4<        w    Buffalo  and  Michigan  Souihern  Railroad, 

"     .  "    New  York  and  Erla  and  Michigan  Southern  Railroad, 

St.  Paula,  via.  Detroit  and  Milwaukee  Railway, 

"         "    Michigan  Central  Railroad, 

'<         <'    R-iffalo  ana  Mil  higan  Southern  Railroad, 

"         >•    New  York  and  Erie  aitd  Mihbigan  Southern  Railroad, 

"         "    Detroit  and  Milwaukee  Rallwiy  and  Man,  and  Mias.  Ruilroad, 


Uilea. 


04U 
1048 
1078 
1061 

IM2 

l'.'4a 

IV!7(* 

1261 

1142 
ll.'if. 

nee 
iisy 

12M 
I43() 
1466 
14;!9 
1241 


Amt. 


Time. 


riOSO 

23  98 

24  73 
23  97 

925  20 

28  9f 

29  73 

28  97 

S2&20 

26  Ih 
2G  93 

26  17 

828  70 

29  18 
29  93 
29  17 

27  30 


47.  SI 
S2.2< 
53.61 
02.33 

57.. M 
62.21 
03.. I) 
62.33 

57.51 

ri6.48 
i>8.1B 
56.51 

72.61 
86.48 
8S.18 
86.67 
63.03 


The  route  by  the  Detroit  and  Milwaukee  Railway,  being  one  hun- 
dred and  six  miles  shorter,  $3,70  cheaper,  and  four  and  a  half  hours 
time  less  than  any  other  line  between  New  York  and  Milwaukee. 

The  local  traffic  of  your  road,  will  be  equal  to  that  of  the  most  fa- 
vored road  in  the  Western  States.  Commencing  at  Detroit,  a  city  of 
about  fifty  thousand  inhabitants,  it  runs  through  the  counties  of 
Wayne,  Oakland,  Genesee,  Shiawassee,  Clinton,  Ionia,  Kent  and 
Ottawa,  forming  the  best  means  of  communication  with  the  counties 
of  Oceana,  Mason,  Newaygo,  Mecosta,  Montcalm,  Gratiot,  Isabella, 
Lapeer,  Saginaw,  Midland  and  Tuscola  on  the  north,  and  with  Allegan 
and  portions  of  Barry,  Eaton,  Ingham  and  Livingston,  comprising 
about  15,000  square  miles,  embracing  the  fertile  valleys  of  the  Shia- 
wassee, the  Maple  and  the  Grand  Rivers  with  their  tributaries,  a  ter- 
ritory not  surpassed  by  any  section  of  the  United  States,  in  natural 
resources  and  capability  to  sustain  a  dense  population  and  furnish  traf- 
fic for  a  railway . 

At  Corunna,  in  Shiawassee  county,  the  road  crosses  the  Bitumi- 
nous Coal  beds,  which  have  now  been  tested  for  four  years,  and  found 
to  be  of  the  best  quality  of  coal. 

At  Grand  Rapids,  the  lino  passes  the  Gypsum  beds,  which  are  ex- 
tensively worked,  and  will  form  a  large  item  of  freight,  to  supply  the 
wheat  growing  counties  contiguous  to  your  road. 


15 


In  a  fonner  report,  the  amount  of  traffic  of  your  road,  was  estima- 
ted from  (luit  on  the  Micliigan  Central  Rjiilroad,  and  tlio  population  of 
the  territory  tributary  to  your  road,  calculated  from  the  annual  in- 
crease, as  shown  by  the  census  tablos  to  1850.  Since  that  report  was 
mado,  there  has  been  taken  an  accurate  census  of  the  State,  and  the 
population  enumerated  to  May,  1354,  a  condensed  table  of  which  is 
annexed,  and  which  shows  the  population  to  have  been  greatly  under- 
estimated at  the  time  of  that  report. 

To  jiulgc  of  the  amount  of  the  local  traffic  on  your  road  Avhen  fin- 
ished, (ho  aimexed  tables  have  been  prepared,  together  with  the  map, 
on  which  is  shown  the  territories  tributary  to  the  Michigan  Central 
and  the  Drlroit  and  Milwaukee  Railway. 

TABULAR  STATEMENT  OF  THE  POPULATION,  PRODUCTS  AND  IMPUOVE- 
MENTS  IN  THE  COUNTRY  TRIUUTARV  TO  THE  "  DETROIT  AND  MIL- 
WAUKEE   RAILWAY." 


a 

> 

1 

.S 

C 

1 

1 

u. 

a 

0 

<2 

it 

1 

Counties. 

•3 

£ 

■r 

s. 

OD 

jfl 

iK 

z 

"^ 

'Z 

a 

"3 

.! 

0 

«.. 

u 

■s 

9 

•g 

tr. 

S= 

»-i 

s 

a 

(.- 

tM 

s 

0 

3 

a 

.3 

c 

0 

^ 

wt^ 

.£> 

rfi 

C 

3 

1 

d 

6 

6 

6 

d 

d 

'* 

^ 
0 

_o 

!<•. 

11,4  Ml 

1.7,0hv 

y. 

SC 

Z 

111 

U. 

w 

C5 

Allo^c«ll.  }i 

;!,!)(I2 

1I,.'.75 

2(!,l)16 

II 

0,5.")2,50O 

2     6,190 

Uiiiry,  ,'3 

;i  iHio 

L-i.'.MIi 

.'.4.7'Jl.' 

74,4311 

18.6(1!) 

28,724 

11 

2,04,'i,iilK 

1     l,7f.O 

Clinton, 

8.01  J 

2s,S7(i 

Ox,7:iK 

l'8,tiv6 

4*,-  3 

.'■.3,701 

8 

I..''i7v:,(l0!' 

r    1,  0(1 

Katon,  ,'a 

5.4^0 

IK.HliO 

fiti. It'll 

53,4  7.'i 

18,75't 

20,241 

9 

2,437,110(1 

2     4,6fi0 

(irncsi't', 

16,(i7t'. 

84,1  5S 

101.  nit 

113,072 

74,11; 

68,191 

20 

l?,"9o,0'l( 

11    31,750 

'irRtiot. 

3,(1  0 

1 

InpilMin,  .'9 

fsOlft 

21!,:  3'.' 

7'J,S0I 

52,«8-> 

18,181- 

27,722 

7 

1  f  2",l>0li 

2     (!.725 

IsubvUu, 

.Mill 

'oiiia, 

lii7-'7 

47,2' 'li 

nno'J 

l.M.tiSO 

70,3;i2 

99,599 

18 

SCiO.fiflO 

8 

17,8.'iO 

Ivi'Ut, 

17,8()» 

ti'J.O.'ll 

l70i.Nl 

2'i7,72>i 

9!^,99l 

ii8,900 

;!0 

i3,(;.'>o,ooi 

1 

30.620 

I  .a peer, 

!),7iU 

44,'i,'I 

1  n.MKi 

120,751    .Vl,2!)8 

5",680 

32 

15  (lO'.OOO 

r, 

15,000 

Livingston,  }i 

7,('91i 

50.573 

180  212 

100,389 

32,0  U 

57,206 

13 

l,.-.-5,00i 

8 

15,095 

MasiKi, 

f)()() 

Mai'ouib, 

iSiu 

P.V4U. 

200,fi65 

2-29,473 

103,-f4 

120,290 

32 

12,(>99,0«' 

9 

24,840. 

Mcoosltt, 

r)n(i 

Midluiil, 

\,bm 

Moiitcnim, 

2  00(1 

.V39T 

17,l-.o 

10,6 '0 

12,154 

13,036 

l." 

7,000,000 

I 

Newayno, 

y-!! 

3,0j)? 

4,410 

6,111 

t31 

2,042 

1 

6,3lO,0.;0 

2 

125 

Ocemia, 

•.',("!•' 

'  ItlftWll, 

7,.Tt7 

i.i,r7N 

i9.r.7i 

62,198 

21  512 

4?,5l] 

40 

59,«iO,000 

«~i 

1,.W0 

Oiilc'an.i. 

;u,SK4 

'JI.'i.iHill 

770,014 

47«,«no 

18J,3('l 

214,178 

4K 

15  3t'iO(Hi 

25 

9»,640 

■^arfiiaw, 
SlHawii-^sec, 

10,0(10 

2,fi7J 

7,vlf, 

fp.Oi).''. 

9,3  C 

5.02:; 

•1 

* 

1C2,  42,895 

600 

7,4  n 

30,0)3 

74,171 

(>4,H»- 

2t\3Ml 

3:»,62'.i 

f. 

1  3(IO,(iOfl 

5,884 

1  imool.'i, 

l.iilM 

3,4HI 

3  102 

(5,4.11 

f.,tl38 

7.03H 

t> 

3,850.000 

IOC 

Wayne,  ,'i 

rt.'>,7VH 

47,12.H 

H.'),0  0 
i  .•!2!t,;:8!l 

157,Hr2 
2,0>1«9S 

7  815 

872.881 

120,94-2 
l.NO.llf- 

i7 
3^2 

S0,16l,H('5 
m5(>,000,(iOO 

24,476 

•Jll.Kil;  KLO,»04 

8" 

288,9001 

16 


TABULAR  STATEMKNT  OF  THE  POPPLATION,  PRODUCTS  AND  IMPRCVK- 
MENTS  IK  THE  COUNTIES  TRIBUTARY  TO  THS  "MICIIIQAN  CENTRAL 
RAILROAD,"  1854. 


i 

t 
£ 

1 

, 

d 

! 

i 

1 

ic 
^ 

c5 

o 

a< 

J    1 

i 

o 

Couutloi. 

', 

00 

. 

• 

m 

§         - 

s: 

•s 

1 

• 

9 

OD 

a 

■u        a 

3 

o 
Sz; 

0 

o 

O 

'A 

6 

I 

& 

a. 
1 

Allegan,  >i 

3,S02 

11,480 

27,088 

66,751    11,675 

28,016 

14 

6,652,600 

6,190 

Barry,  >i 

3,960 

l:«,948 

54,430 

74,439   18,609 

28.724 

11 

2,<'45,00fl 

1 

1,750 

Eiktiin,  >i 

6,482 

18,626 

56,46.1 

53,475   87,034 

20,24; 

9 

2.437,000 

2 

4,660 

Ingham,  >» 

5,«ll 

22,432 

7-^HOJ 

72,482    18,754 

27,722 

I 

1,827.501) 

2 

6,725 

LiviDgHtoD, 

7,092 

56,575 

18ll,2l<J 

10u,3.S9   1H,I88 

57,2«0 

t\i 

1,685,000 

8 

16,«>86 

Brrrien, 

13,849 

48,058 

139,295 

402,955,  32,012 

94,310 

45 

18,646,171 

7 

46,800 

Calhoun, 

22,768 

121,0J3 

480  640 

380,021  109,136 

124,120 

34 

4,4l«,00ihl3 

113  240 

Cara, 

13  124 

«7,96;i 

2)9,022 

576,439,303, 137 

96,088 

25 

4,327,000 

6 

7,360 

■TackKOn, 

21.Hf.5 

140,674 

654  201 

374,.S24 

98,840 

146,968 

22 

2,800,001' 

10 

121,860 

KhI  mazoo. 

16,895 

05,056 

35 ',811 

563,741 

130,734 

95,206 

3U 

7,3:!6,000 

13 

27,600 

Van  Buren, 

7,780 

80,838 

63,611 

210.251 

46,562 

69,206 

21 

8,6;W,000 

3 

12,000 

Washtenaw, 

21,838 

177,944 

759,572 

438,5h3    83,834 

170,541 

30 

9.299,11,1 

21 

140,600 

Wayne, 

65,798 

47,726 

85,63 

157,612|    7  815 

120,942 

28 

20,163.605 

6 

24,475 

218,'52 

844  309 

3,I37,S75 

3,450.946  943,330'  1 ,078,2  U 

298 

86,760,889193 

627,836 

TABLE  OF  THE  POPULATION  AND  PRODUCTS  DUE  THE  "  DETROIT 
AND  MILWAUKEE  RAILWAY,"  AND  THE  "MICHIGAN  CENTRAL  RAIL- 
ROAD,"   FROM   THE    COUNTRY   TRIBUTARY   TO   EACH. 


i 

i 

a 

s 

S 

1 

I 

B 

Line  of  Railway  to 

§• 

^ 

.2 

1 

wliic  1  the  traffic 

" 

o 

o 

o 

w 

s 

4 

i>du<. 

3 

•s 

•g 

3 

•3 

h3 

s- 

0 

6 

O 

o 

d 

s 

■s 

% 

£ 

X, 

Z, 

5r, 

V. 

:<: 

^ 

Ck 

b: 

Uetroic  &  Milwau- 

Icee  Railway. 

241,164 

820,404 

2,329,389 

2,081,695 

872,881 

1,140,418 

352  350.000,000 

99 

Michigvn     Central 

R>i  load. 

216,862 

844,309 

3,137,875 

3,45«.946 

943,330 

1,078244 

298 

86,760,889 

93 

Difference. 

•24,312 

f23.9i)A 

+808,4S1 

fl,360,2:.l 

+70,449 

♦62,174 

•54  •263,289,111 

•6 

•  1 1  favor  of  Detroit  &  Mllwauliee  Railway, 
f  In  favor  of  Michigan  CentrmI  Railroad. 

In  these  tables  it  will  be  observed  that  while  the  number  of  inhab- 
itants in  the  territory  tributary  to  the  Detroit  and  Milwaukee  Railway, 
is  24,312  more  than  the  territory  tributary  to  the  Central  Road,  the 
number  of  acres  of  land  under  improvement  is  23,905  less ;  the  num- 
ber of  of  bushels  of  wheat  raised  is  less  by  803,481 ;  the  number  of 


17 


bushels  of  corn  less  Ly  1,301,251 ;  tlio  number  of  bushels  of  other 
grain  less  by  70,449,  while  the  number  of  bushels  of  potatoes,  and 
the  amount  of  lumber  made,  exceed  that  on  the  Central  road. 

This  difference  in  the  amount  of  product  in  proportion  to  the  num- 
ber of  inhabitants  on  i..a  line  of  the  two  roads,  arises  in  part  from 
the  fact  that  the  country  on  the  lino  of  your  road,  is  more  new  and 
heavier  timbered  than  on  the  Central  ro.;d,  requiring  more  time  and 
labor  in  clearing  the  lands,  and  in  the  want  of  projier,  safe,  certain 
and  cheap  means  of  conveying  their  products  to  market  at  all  seasons 
of  the  year.  There  is  no  difference  of  opinion  in  regard  to  the  su- 
periority of  the  land  for  all  agricultural  purposes  on  the  line  of  your 
road  over  any  other  part  of  the  State,  but  the  expense  of  transporting 
the  products  of  the  farm  in  ordinary  seasons,  is  so  large  a  part  of  the 
price  obtained,  that  it  ceases  to  be  an  object  to  raise  for  exportation. 

The  difference  in  the  price  of  wheat  the  past  year  at  Ionia,  on  tho 
lino  of  tho  Detroit  and  Milwaukee  Railway,  and  Kalamazoo,  on  the 
Central  road,  places  equally  distant  from  Detroit,  was  more  than  fifty 
cents  per  bushel  in  favor  of  the  Central  line.  The  actual  loss  to  tho 
county  of  Ionia  alone,  was  885,581,  on  the  single  article  of  wheat — a 
sum  more  than  sufRcioiit  to  j-iay  ten  per  cent  interest,  on  the  cost  of 
the  railway  through  tliat  ctmnty. 

The  constructing  cif  il.u  iiiilway  through  this  comparatively  no.v 
country,  furnishing  a  quick  and  cheap  means  of  transporting  the  agri- 
cultural products  to  market,  will  stimulate  the  inhabitants  to  cultivate 
and  improve  their  lands,  and  you  may  safely  calculate  that  within  a 
year  after  the  completion  of  tho  railway,  the  agricultural  product  will 
be  more  than  doubled. 

The  Milwaukee  and  Mississippi  Railroad,  the  past  year,  running 
through  a  section  of  country  populated  and  improved  about  tho  same 
as  on  your  lino,  received  $456,804,  for  trafBc  on  ninety-seven  miles  of 
road,  with  no  through  connections,  terminating  in  tho  interior  of  the 
State,  where  there  was  scarcely  a  white  inhabitant  fifteen  yeais  ago, 
and  where  the  road  passes  through  a  country  still  sparsely  populated, 
with  much  tho  larger  proportion  of  the  lands  from  which  the  agricul- 


18 

tural  product  was  taken,  to  find  the  way  over  the  road  to  market,  still 
in  a  primeval  stiite. 

The  Great  Western  Railway  through  Canaila,  in  the  fu'st  year  of 
its  operation,  laboring  under  many  disadvantages,  received  8782,144, 
for  the  traffic  of  the  half  year,  ending  January  Slat,  1855,  which  is 
nt  the  rate  of  8G,800  per  mile  of  roail,  for  the  year. 

Assuming  that  the  trafllc  on  the  Detroit  and  Milwaukee  Railwav, 
when  finished,  will  bo  e(iual  per  mile  of  road,  to  that  on  the  Michigan 
Central  Rjiilroad  in  1854,  and  allowing  for  the  lumber,  coal  and  plas- 
ter, which  are  not  common  to  that  road,  we  have  as  follows,  vis: 

For  traffic  on  195  miles  of  road,  at  85,G40  per  mile,  81,043,400 

For  freight  on  20,000,000  feet  of  lumber,  at  85  per  M.,  100,000 
For  freight  on  20,000  tons  uf  plaster,  an  average  of 

100  miles,  at  81,50  per  ton, n0,00u 

For  freight  on  20,000  tons  of  coal,  at  81,50  per  ton,  30,00o 

Total, 81,203,100 

Allowing  fifty  per  cent,  of  the  receipts  for  exixjnses,  re- 
pairs, and  a  sinking  fund  for  a  renewal  of  road,  G01,'J'0o 

001,700 
Talking  in  view  the  immense  territnvy  drainijd  by  your  ri;>a'.l,  and 
the  rapid  increase  of  population  and  improvements  west  of  Lake 
Erie,  the  above  anticipated  result  is  not  extravagant,  or  more  in  pro- 
portion th;in  any  of  the  main  line  of  roads  running  in  an  cast  an^l 
west  direction,  are  receiving  at  the  present  time,  and  it  is  hardly  prac- 
ticable to  anticipate  the  future  traflic. 

Most  of  the  roads  west  of  the  State  of  New  York,  before  the}' 
were  fairly  finished,  had  more  tmfilc  than  they  could  do  with  satisfac- 
tion, and  so  rapid  is  the  increase  of  l.)usiness,  that  although  they  aro 
hardly  finished,  they  are  now  compelled  to  lay  down  a  second  track, 
which  they  are  preparing  to  do. 

K.  HIGirAM,  Chief  Umincer. 


il) 


TABLE    OF   DISTANCES,  TIME  AND    COST    OK    I'ASSACE,  rr.^M    Nnw    VOUX 
TO   THE   MTSSISSIPl'I    UIVEK,    BV   THE   SEVIMl.M,    K0UTE3. 


Vin.  Detroit  aud  Milwaiiki.o  Hailwiiy. 


From  New  York  to 


,\ll.;iiiy, 
.Viiisarn  Fall.", 
Detroit. 
(Jiiiiii'  ilavon, 
Milwiiukeo, 

Totn', 
U  Iwiiultet', 
OublliiUl', 
'ml',  tin, 

I'ralri'jdii  Cliion, 
I'ru'rie  I.a  (iob* 
Lacrosse  to  St.  1'uuIh, 

Totftl, 


114 

you 


C'5 


!)42 

eii"li 

•20 'I 

loO 


VZ\K 


in. 


nt 


f>   (H) 

5  711 
■I  (i2'i 
1  0(1 

•rilil)  21) 'a 
2i)  'Mi- 


5  00 
1  50 


:.]2 

l-).Ol 

11.21 

U.K. 


Vii.  UuiValo  aud  Mioh.  SoutliiTii  liailmad 


From  N'uw  Vcrl;  tfi 


Alliany, 

IJiillkln, 
Toludo, 
riiioauo, 


ri-LOiiMiUvaultif, 

47.Mp        Total, 
17.6)   Lacrosse, 

I 

I        Total, 
lO.OOllN.Y.  to  Chicago. 

jiJiilcna, 
Ll-OOl'St.  i'aiils, 


.'j!,'r>70],i72  .M| 


Via.Detroit  and  Mllvvaukco  R.ailway,Hnd  Maui- 
towoo  and  Mississippi  liailroad. 


Total, 


Q  ;  -■ 


3 


144:    2  S-   ^■* 

:i  II    2     (     (i  CD 

;iMO  '.".,    7 1'o 
2r.i  'J',    ()  05 


1078 


'§2»7a 


2001  2>il     5  OJ 


127S         yi.i  :;j 

'.)Hti,      '  -a  4 J 

ICO;  2'i,     4  M 

anont.  I  3  10 


c 


7.121 

IJ.lXM 

l.i.Dl'! 

1 2.  on 

i± 

10. Ul. 


li.").'.*! 

4'J.l-i 

0  001 

.W.liO 


UH'il 


Si'.i '.i.'i    i^H.U 


Al!iauy, 

Ni!V,'ara  F«ll.s, 
Detroit, 
Grand  Haven, 
Mniilt"noc, 
St.  Pauls, 


T'^'al, 


J41 

2 

.i2  ss 

;iiio 

i^ 

(i  00 

22s 

2'v 

.1  70 

1S5 

2;. 

4  C2!i 

ion 

lU 

1  00 

2s4 

2;c 

7  ID 

1241 

.Ti27  3i;,'j 

Via.  New  York  and  Erie  and  Mich.  Southern 

liuilroaJ. 


7.12   iliiiilxirk, 

I,'). I'M  : 

II. 2-1 


I 


:  I'oledo, 
f'liic.'v:ro, 
0.ir.|LMihviiuliee. 

li.O'l 

14.l2|i        Tot^d, 
Li  C!0S?e, 

riH.iirij: 
,,       ,j.y,j|^ 

Vi:i.  Michi.;nn  (Viitiul  l^iilioad.  !.'''■  '^'- '"  C'hicn,c;o, 

lialt'n'', 
St.  I'auls, 


Al  any, 
vingira  Palis, 
DitroU, 
Cliieaso, 
Milnaulice, 

Total, 
La  Crosse, 

Total, 
N.  Y.  to  GhicjiKO 
Galena, 
St.  Pauisi, 

Total, 


14-1 

;!nr 
22  ^ 

2S4 
!)2 


10  H 

200 

124S 

ISO 
3U0 

]43fi 


2>i 


2    I  92  -ss  I  7.12 

2    ]    li  00  lo.nu 

2'!l    5  7U  ill.il 

2':.|    7  in  14.12 

2  ;io  i.un 


§.3'.'S  1.02  24 

.5  00  |lO.00|| 

.■•2-<  I'.i  li;-?.2ij| 

21   1-i  j47.4--i 

4  50  '.i.OM  I 

;?  CO  GO.oo' 


Total. 


|iio   2 
2-57    2,'j 
242^  2', 


1(161 
21:0 


B-»  20 
(i  42 

G  o.^ 
2  ;jj 


VliJIII 

12. .il 

12  CO 

4.31 


S'i;i'.!7,'i  .-.2.3;ii 
S'il    r.  t'O    jio  ooj 

'-«2S07M;(;2.;':'' 
'  21  f;7i^'47.57l 

9.IH'' 

no.oo' 


12.M 

l.'-O   2!a''     4  .'0 
GW|  2ii|  13  00 


M3'.l! 


.i«-20  17,'a!>?i;.,'17 


.S20  1S 


.48: 


Av. 


Iicts  of  t|e  f  tjisldurL 


An  Act  to   incorporate  the  Detroit   and  Ponliac  Bail    Road 
Company. 

Sec.  1.  Be  it  enacted  by  the  Legislative  Council  of  the  Terri' 
tory  of  Michigan,  That  William  Draper,  Daniel  Lo  Roy,  David 
Staiiard,  Jolnisoii  Niles,  Seneca  Newberry,  Elisba  Beach,  Benjamin 
Plielps,  Joseph  Niles,  jr.,  and  Augiistua  C.  Stephens  be,  and  thoy  aro 
hereby  appointed  cornniissioneri*,  under  the  direction  of  a  majority  of 
whom,  subscriptioiw  may  bo  received  to  the  capital  stock  of  "  The 
Detroit  and  Pontine  Rail  Road  Company,"  hereby  incorporated ;  and 
they  may  cause  books  to  bo  opened  at  such  tiniesj  and  j)laccs  as  they 
shall  direct,  for  the  pui-poso  of  receiving  subscriptions  to  the  capital 
stock  of  said  company,  fust  giviug  sixty  days  notice  of  the  times  and 
places  of  taking  said  sultscriptious. 

Sec.  2.  The  capital  stock  of  said  "  Detroit  and  Pontiac  Rail  Riad 
Company,"  shall  bo  one  hundred  thousand  dollars,  in  shares  of  iifty 
dollars  each ;  and  that  as  soon  as  three  hundred  shares  of  said  stock 
ghall  be  subscribed,  the  subscribers  of  said  stock,  with  such  otlier  per- 
sons as  shall  associate  with  them  for  that  purpose,  their  successors  and 
assigns,  shall  be,  and  they  are  hereby  declared  and  created  a  body 
corporate  and  politic,  by  the  name  and  stylo  of  "  The  Detroit  and 
Pontiac  Rail  Road  Company,"  with  contiimal  succession,  during  the 
period  hereinafter  mentioned,  and  by  that  name  shall  be  cajiable  in 
law  of  purchasing,  holding,  selling,  leasing  and  con\  ying  estate,  either 
re»l  or  personal  or  mixed,  so  far  as  the  same  may  be  necessary  for  the 


21 


piirpososhfTcinnfttT  inoTitiono.l,niKl  no  further;  aiiil  in  tlnir  oorpnratf 
imino  may  suo  niid  bo  sucil,  nmy  have  n  common  no:\\  which  th'y  may 
alter  nn<l  renew  iit  pleasure,  auil  shall  have,  enjoy,  nnd  i  'sv  exoreis«»  a!! 
tljo  i>owers,  rijj^ht*  ainl  privileges,  which  ajipertaiii  to  oorpor/f*'»  bodies, 
for  the  purp<jHe8  mentioned  in  this  net. 

Skc.  3.  Rniil  corix-irnfion  hereby  created,  shall  have  power  to  con- 
struct a  single  or  double  rail  romi,  from  tho  fity  nf  Detroit  to  the 
villatjo  of  PoJitiao,  with  power  to  transport,  take  and  r^ury  iiro|>orty 
nnd  persons  upon  the  same,  by  tlie  power  and  force  of  steam,  ofanimnla 
or  of  any  mechanical  or  other  power,  or  of  any  cotnbinhtion  of  them. 

Sec.  4.  If  said  corporation  shall  not  within  twn  yoarn  from  the 
passage  of  this  act,  cDnimeiice  the  constiuction  of  said  rail  mad,  ntid 
shall  not  within  six  years  from  the  passage  of  this  art,  construct,  fini^li 
nnd  put  in  operation  the  said  rail  road,  within  the  tiniu  above  wkm.- 
tioned,  then  the  rights,  privileges  nnd  powei's  of  the  said  corporation. 
under  this  act,  shall  bo  null  and  void. 

Sec.  5.  Whenever  one  hundred  nnd  fifty  shares  of  the  afore.<aid 
stock  shall  have  been  subscribed,  if  within  one  year  after  the  ]iassage  of 
this  act,  the  commissioners  shall  call  a  general  meetinor  of  the  subfcri- 
bers  at  such  time  and  place  as  they  may  appoint,  by  giving  sixty  days 
public  notice  of  such  meeting;  and  at  such  meeting  the  commissioners 
shall  lay  the  subscription  books  before  the  subscribers  then  and  there 
present,  nnd  thereupon  the  subscribers  or  stockholders,  or  a  majority  of 
them,  shall  elect  nine  directors  by  ballot,  a  majority  of  wliotn  shall  be 
competent  to  manage  the  atl'airs  of  said  company ;  they  shall  have  the 
power  of  electing  a  Presideiit  of  said  Company  either  from  amongst  the 
directors  or  the  stockholders,  and  in  said  election,  and  on  every  occasion 
wherein  a  vote  of  the  stockholders  is  to  bo  taken,  every  share  shall 
entitle  the  holder  thereof  to  one  vote;  and  every  stockholder  may  vote 
himself  or  by  proxy. 

Sec.  6.  To  continue  the  succession  of  president  and  directors  of 
said  company,  nine  directors  shall  bo  chosen  annually,  on  the  first 
Monday  in  October,  at  such  place  as  may  be  appointed  by  the  directors 
nnd  if  any  vacan.cy  shall  occur  by  death,  resignation  or  otherwise,  of 
iny  president  or  director,  before  the  year  for  which  he  was  eli'cted  ha« 


22 

•  xpireil,  a  person  to  fill  suoli  vacant  place  for  tlie  rosidue  of  the  year 
i;-,ay  be  appointed  ]>y  the  ilirectuiM  o(  said  company,  or  majority  of 
t!:e!ii :  the  directors  of  the  cunijiaiiy  sliall  hold  and  cserciBO  their  offices 
mitil  a  new  election  of  presiilciit  and  directors;  all  elections  which  are 
l^y  this  act,  or  the  by-laws  of  the  company,  to  bo  made  on  any 
paiticular  day,  if  not  made  <>]i  huoh  a  day,  may  be  made  at  any  tinio 
thereafter. 


Sec.  7.  A  ^^t-neral  meeting  of  the  stockholders  of  taid  company 
shall  le  lieLl  annually,  at  the  time  and  place  appointed  for  the  ap- 
pointment of  president  and  directors;  and  a  meeting  may  be  calle<l 
at  any  time  during  the  interval  between  said  annual  meetings,  by 
the  presiilent  and  directors,  or  by  the  stockholders  owning  not  less 
than  oue-fourth  of  the  whole  stock,  by  giving  thirty  days  public  no- 
tice of  the  time  and  place  of  meeting;  and  when  any  such  meetings 
are  called  by  the  stockholders,  the  notice  shall  specify  the  particu- 
lar object  of  the  call;  and  if  at  any  meetings  thus  called,  a  major- 
ity in  value  <;if  tho  stocklmlders  are  not  present  in  person  or  by  prosy, 
such  meetings  shall  be  adjourned  from  day  to  day,  not  exceeding 
three  days,  without  transacting  any  business;  and  if  within  said  three 
ilays,  stockholders  having  a  majoiity  of  the  stock  do  not  attend  such 
meeting,  then  the  same  shall  be  dissolved. 

Sec.  8.  At  tic  regular  annual  moetinga  of  the  stockholders  of 
>:nd  company,  it  shall  be  the  duty  of  the  president  and  directoi's  in 
')llice  for  the  preceding  year,  to  exhibit  a  clear  and  distinct  statement 
'if  the  alTairs  of  the  company:  and  at  any  called  meeting  of  the 
stockholders  a  majority  of  those  present  in  person  or  by  proxy,  may 
require  similar  statements  from  the  president  and  directors,  whose  duty 
it  shall  be  furnish  them  Avhen  thus  required:  and  at  all  general  meet- 
ings of  the  stockholders,  a  majority  in  value  of  all  the  stockholders  in 
said  company  may  remove  from  oflice  any  president,  or  any  of  the  di- 
rectors of  said  company,  and  may  appoint  others  in  their  stead. 

Sec.  9.  Every  president  and  directijr  of  said  company,  before  he 
acts  as  such.,  shall  swear  or  affirm,  that  he  will  well  and  truly  dischai'ge 
the  duties  of  his  office  to  the  best  of  his  skill  and  judgment. 


23 


Sec.  10.  Tlie  said  president  and  directoi-s,  or  a  majority  of  then:, 
shall  have  power  to  appoint,  contract  with,  and  determine  the  com- 
pensation of  all  such  officers,  engineers,  agents  or  servants  whatsoever, 
as  they  may  deem  necessary  for  the  transaction  of  the  business  of  tlie 
company,  ana  rcmo\e  them  at  pleasure  ;  and  the  president  and  di- 
rectors, or  a  majority  of  them,  shall  have  power  to  determine  the 
n:  ancr  of  adjustirg  and  settling  all  accounts  against  the  company; 
also  the  manner  and  evidence  of  transfers  of  stock  in  said  company; 
and  they  shall  have  power  to  pass  all  by-laws  which  they  may  deem 
necessary  for  carrying  into  execution  all  the  powers  vested  in  the 
company  hereby  incorporated :  Provided,  Such  by-laws  shall  not  be 
contrary  to  the  laws  of  this  territory  or  the  Unitcl  States. 

Sec.  11.  The  prwident  and  directors  of  said  company  shall  be, 
and  they  are  hereby  invested  with  all  the  privileges,  rights  and  pow- 
«:'rs  necessary  for  the  location,  construction,  and  keeping  in  repair  of 
^:tid  railroad,  not  oxccetling  one  hundred  feet  in  width;  and  the  said 
president  and  directors,  or  their  agenL«,  or  those  with  whom  they  may 
(>intract  for  making  said  road,  or  any  part  of  it,  may  enter  upon,  use 
and  excavate  any  land,  which  may  be  wanted  for  the  site  of  said  rail- 
road, or  any  other  [>urposo,  which  is  necessary  in  the  construction  or 
repair  of  said  road  or  its  works,  so  soon  as  the  amount  of  damages  is 
ascertained  and  tendered,  as  hereinafter  providoL. 

Sec.  12.  The  president  and  directors  of  said  company  may  agree 
with  tlio  owner  or  owners  ot  any  laud,  earth,  timber,  gravel,  stone  or 
other  materials,  or  any  articles  whatever,  which  may  bo  wanted,  in 
the  construction  or  repair  of  said  railroad,  or  any  of  its  works,  for  the 
purchase  or  occupation  of  the  same;  and  if  such  materials,  (not  pre- 
viously taken  or  appropriated  by  the  owner  to  any  particular  use  )  as 
may  bo  necessary  f< 'I- tho  construction  or  repair  of  said  railroad,  be 
found  on  any  unimproved  laud,  adjoining  to  or  near  the  same,  and  if 
tho  parties  cannot  agree,  or  if  the  owner  or  owners  of  any  of  them  bi- 
•\  feme  covert,  under  age,  non  compos  mentis,  or  out  of  the  county  in 
which  the  property  wanted  may  Wc,  application  may  be  made  to  any 
justice  of  tho  peace  of  such  county,  who  shall  thereupon  issue  his 
wairant  under  his  hand  and  seal,  directed  to  the  sheriff  of  said  county, 


24 


or  if  tlie  sheriff  be  interested,  to  some  disinterested  person,  requiring- 
him  to  summon  a  jury  of  eighteen  freeholders  of  said  count)-,  not  in 
any  way  interested  in  the  matter,  or  related  to  the  parties,  to  meet  on 
or  near  the  property  or  materials  to  be  valued,  on  a  day  and  hour 
named  in  said  warrant,  not  less  than  five  nor  more  than  ten  days  after 
the  issuing  of  the  same ;  and  if  at  the  said  time  and  place  any  of  the 
persons  summoned  do  not  attend,  the  said  sheriff  or  summoner  shall 
immediately  summon  as  many  as  may  be  necessary,  with  the  persons 
in  attendance  as  jurors,  to  furnish  a  panel  of  eighteen  jurors,  and  from 
them,  each  party,  or  hi;;,  or  her,  or  their  agent,  or  attorney,  or  if  cither 
be  not  present  in  person,  or  by  agent,  the  sheriff  or  summonor  for 
him,  her  or  them,  may  strike  off  three  jurors,  and  the  remaining  shall 
act  as  a  jury  of  inquest  of  damages ;  and  before  they  act  as  such,  the 
sheriff  or  summoner  shall  administer  to  each  of  them  an  oath,  or  af- 
firmation, that  they  will  justly  and  impartially  value  the  damages, 
which  the  owner  or  owners  will  sustain  by  the  use  or  occupation  of 
the  land,  materials,  or  property  required  by  said  company ;  and  the 
said  jury  shall  reduce  their  inquisition  into  writing,  and  shall  sign  and 
seal  the  same,  and  it  shall  then  be  sent  to  the  clerk  of  the  circuit 
court  of  said  county,  and  by  said  clerk  filed  in  his  office,  and  shall  be 
confirmed  by  said  court  at  its  next  session,  if  no  sufficient  cause  to  the 
contrary  is  shown ;  and  when  confirmed  the  same  shall  be  recorded  by 
said  clerk,  at  the  expense  of  said  company ;  but  if  set  aside,  said  court 
may  direct  another  inquisition  to  be  taken  in  the  manner  above  pre- 
scribed ;  said  inquisition  shall  describe  the  property  taken,  or  the  boun- 
daries of  tho  land  condemned ;  such  valuation,  when  paid  or  tendered 
to  the  owner  or  owners  of  said  property,  his,  her  or  their  legal  repre- 
sentatives, shall  entitle  said  company  to  the  estate  and  interest  in  the 
same  thus  valued  as  fully  as  if  it  had  been  conveyed  by  the  owner  or 
owners  of  the  same,  for  such  term  of  time  as  said  company  or  territo- 
ry or  state,  as  the  case  may  be,  shall  occupy  tho  same  as  a  railroad, 
and  if  the  valuation  bo  not  received  when  tendered,  it  may  at  any 
time  thereafter  be  received  from  the  company  without  cost ;  and  tho 
iheriff  or  summoner  and  jurors  shall  bo  allowed  the  ordinary  fees  foi 
like  service!;,  to  be  taxed  by  tho  court;  Provickdy  That  said  company 


25 


sliall  not  havo  power  to  take  the  land  of  any  person  for  the  purposes 
of  said  corporation,  until  fui ..  payment  shall  havo  been  made  or  ten- 
tered  to  such  person,  for  all  damages  assessed  to  him,  together  with 
the  costs  of  said  inquisition  or  assessmeut. 

Sec.  13.  Whenever,  in  the  construction  of  said  railroad,  it  shall 
be  necessary  to  cross  or  intersect  any  established  road,  it  shall  bo  the 
duty  of  said  president  and  director  so  to  construct  the  railroad  across 
said  established  road  as  not  to  impede  the  passage  or  transportation  of 
persons  or  property  along  tlie  same,  or  when  it  shall  be  necessary  to 
construct  it  through  the  land  of  any  individual,  it  shall  be  their  duty 
to  provide  for  such  individual,  jnoper  wagon-ways  across  said  road, 
from  one  part  of  his  land  to  another. 

Sec.  14.  If  said  company  shall  neglect  to  provide  proper  wagon- 
ways  across  said  road,  as  required  by  the  preceding  section  of  this  act, 
it  shall  be  lawful  for  any  individual  to  sue  said  company,  and  shall  be 
entitled  to  such  damages  as  a  jury  may  think  him  or  her  entitled  to, 
for  such  neglect  or  refusal  on  the  part  of  said  company. 

Sec.  15.  If  it  shall  be  necessary  for  the  said  railroad  company,  in 
the  selection  of  the  route,  or  the  construction  of  the  road  to  be  by 
them  laid  out  and  constructed,  or  any  part  of  it,  to  connect  the  same 
with  any  turnpike  road  or  bridge,  made  or  erected  by  any  incorporated 
company,  or  authorized  by  any  law  of  this  territory,  it  shall  bo  lawfid 
for  said  president  and  directors  to  contract  with  any  other  corporation 
for  the  right  to  use  such  road  or  bridge,  or  for  transfer  of  any  of  the 
corporate  or  other  rights  and  privileges  of  such  corporation,  to  the 
company  hereby  incorjwratod ;  and  every  such  other  corporation  act- 
ing under  the  laws  of  this  territory,  is  hereby  authorized  to  make  such 
contract  or  transfer  by  and  tlu'ough  the  agency  of  the  person  author- 
ized by  the  respective  acts  of  incorporation  to  exercise  their  corporate 
powers,  or  by  any  persons  who  are  by  any  law  of  this  territory  en- 
trusted with  the  management  and  direction  of  such  turnpike  road  or 
bridge,  or  any  of  the  rights  or  privileges  aforesaid :  every  contract  or 
transfer  made  in  pursuance  of  the  power  and  authority  hereby  grant- 
ed, when  executed  by  the  several  parties,  under  their  respective  cor- 
porate seals,  shall  vest  in  the  company  hereby  incorporated,  all  such 


26 

I'igbts  and  privileges,  and  the  right  to  use  and  enjoy  tlic  same,  as  fuhy 
as  they  are  now  used  and  enjoyed  by  the  said  corporations  in  whon; 
they  arc  now  vested. 

Sec.  IG.  The  said  President  and  Directors  shall  have  power  to  pur- 
chase with  the  funds  of  the  company,  and  place  on  any  railroad  con- 
structed by  them  under  this  act,  all  macliinery,  wagons,  carriages,  or 
vehicles  of  any  description  which  they  may  deem  necessary  or  proper 
for  the  purpose  of  transportation  on  said  road,  and  that  they  sIiaK 
have  power  to  regulate  their  own  tolls  and  tra.isportation ;  and  it  shal! 
not  bo'lawful  for  any  other  company,  or  any  pei'son  or  persons  to  trans- 
port any  passengers,merchandise  or  property  of  any  description  whatev- 
er, along  said  road,  ur  any  part  of  it,  without  the  license  or  perjaissioi, 
of  the  said  president  and  directors  of  said  company ;  and  the  said  road, 
with  all  their  improvements,  works  and  profits,  and  all  machinery  used 
ou  said  road  for  transportation  are  hereby  vested  in  said  company  in- 
corporated by  this  act,  and  their  successors,  during  tho  term  limited  by 
this  act;  and  the  shares  of  the  capital  stock  of  said  company  shall  he 
considered  personal  property,  and  shall  be  transferable  agreeably  to 
the  by-laws  of  said  company. 

Sec.  IV.  The  ;-aid  president  and  directors  shall  annually  or  semi- 
annually, declare  and  make  such  dividend  as  they  may  deem  proper, 
of  the  net  profits  from  the  resources  of  said  company,  deducting  tlio 
necessary  current  expenses ;  and  they  shall  make  the  dividend  amonf 
the  stockholders  of  said  company,  in  proper  proportions  to  their  re- 
spective shares. 

Sec.  is.  If  any  person  or  persons  shall  wilfully,  knowingly  anil 
maliciously,  by  any  means  whatever,  inj  ire,  impair  or  destroy  any  part 
of  the  railroad  constructed  by  said  company,  under  this  act,  or  any  oi' 
the  necessary  works,  buildings  or  machinery  of  said  company,  .such 
person  or  persons,  so  offending,  shall,  each  of  them,  for  every  suci: 
offence,  forfeit  and  pay  a  sum  not  exceeding  five  times  the  amount  of 
damages  caused  by  such  offence,  which  may  be  recovered  in  tho  name 
of  said  company,  by  an  action  of  debt,  in  any  court  having  competent 
jurisdiction  in  the  county  wherein  the  offence  shall  be  committed,  and 


27 

sball  also  be  subject  ((■  an  iiKlictmcnt;  mid,  upon  conviction  of  sucr. 
offence,  sball  be  punished  by  fine  and  imprisonment,  at  the  discietiou 
of  the  court. 

Sec.  19.  The  territory  or  state  shall  have  the  right,  at  any  tiint'. 
after  the  expiration  of  twenty  years  from  the  completion  of  said  rail- 
road, to  purcliase  and  hold  the  same  for  the  use  of  the  territory,  at  a 
price  not  exceeding  the  cost  of  constructing  said  road,  and  fourteen  per 
cent,  thereon;  of  which  cost  an  accurate  account  shall  be  kept  and  sub- 
mitted to  the  Legislative  Council,  duly  attested  by  the  oath  of  the  oP.i- 
cers  of  said  company,  whenever,  and  as  often  as  saiil  Council  shall 
require  the  same. 

Sec.  20.  The  property  of  every  individual  vested  in  said  corpora- 
tii>n  shall  be  liable  to  be  taken  in  execution  for  the  payment  of  his  ov 
}ier  just  debts,  in  such  man.nor  as  is  or  may  be  [prescribed  by  law. 

Sec.  21.  That  this  act  shall  be  favorably  construed  to  eifect  the 
])urposes  thereby  intended ;  and  the  same  is  hereby  declared  to  be  a 
])ul)lic  act,  and  copies  thereof  printed  by  the  authority  of  the  territory 
shall  be  received  as  evidence  thereof. 

8ec.  22.  The  said  company  hereby  incorporated,  shall  have  the 
exclusive  right  of  constructing  a  railroad  uu  said  route,  nor  shall  any 
other  company  have  a  right  to  construct  any  other  railroad  on  said 
route,  or  within  three  miles  of  the  said  railroad,  constructed  by  said 
company,  for  the  term  of  thirty  years;  Provided,  That  this  act  shall 
not  infringe  upou  the  rights  of  said  company  heretofore  incorporated, 
for  like  purposes:  and  that  said  company  hereby  incorporated,  shall 
have  power  to  construct  said  railroad  by  the  side  of  the  turnpike  lead- 
ing from  Detroit  to  Pontiac,  so  as  not  to  infringe  upon  the  same:  And 
provided  further,  That  the  territory  or  state  shall  have  the  privilege 
':'f  purchasing  said  railroad,  at  the  appraisal  of  commissioners,  to  be 
appointed  by  the  Governor  and  Legislature,  after  the  expiration  of  the 
said  thirty  years,  and  until  so  purchased,  the  said  company  shall  have, 
hold  and  enjoy  the  same. 

Sec.  23.  The  said  company,  incorporated  as  aforesaid,  shall  be< 
and  they  are  hereby  authorized  to  constmct  a  branch  of  said  raih'oad^ 
to  terminate  at  the  vjUage  of  Rochester,  in  the  county  of  Oakland,  in 


28 

like  manner  and  urdor  tlio  same  restrictions  as  provided  by  this  act  for 
the  construction  of  the  said  railroad  from  Detroit  to  Pontiac;  Provided, 
TIio  same  shall  be  couiploted  witliin  eight  years,  otherwise  this  section 
shall  be  null  and  void,  and  of  no  effect. 

Sec.  2-1.  The  right  and  privilege  are  reserved  to  the  territory  or 
any  company  hereafter  to  be  incorporated  under  the  authority  of  the 
territory,  to  connect  with  the  road  hereby  provided  for,  any  other  rail- 
road leading  from  the  main  route,  or  from  either  of  the  points  at  which 
such  road  terminates;  Provided,  That  in  forming  such  connection  no 
injury  shall  be  done  to  the  works  of  the  company,  hereby  incorporated ; 
and  the  said  company  so  connecting  with  said  road,  shall  be  entitled  to 
the  free  use  of  said  road,  by  paying  the  ordinary  tariff  of  tolls,  estab- 
lished for  said  road :  and  the  Legislature  may  also,  at  any  time,  autho- 
rize the  construction  of  other  railroals  leading  from  either  of  said  points 
of  termination. 

Approved  March  7,  1834. 


An  Act  authorizing  a  connection  between  the  Detroit  and  Pontiac 
and  Oakland  and  Ottawa  Railroads,  and  for  other  jiurposes. 


Sec.  1.  Be  it  C7iactcd  hj  the  Senate  and  House  of  Pepresenta- 
tives  of  the  State  of  Michigan,  That  the  Detroit  and  Pontiac  Railroad 
Company  be,  and  they  are  hereby  authorized  to  extend  sai'l  Railroail 
so  as  to  connect  with  the  Oakland  and  Ottawa  Railroad  when  con- 
structed, thus  forming  a  continuous  line  of  Railroad  through  the  village 
of  Pontiac. 

Sec.  2.  Said  Detroit  and  Pontiac  Railroad  Company  shall  have 
authority,  and  they  are  hereby  empowered  to  extend  that  portion  of 
the  Railroad  within  or  without  the  limits  of  the  city  of  Detroit,  to  the 
Detroit  river,  and  to  purchase  and  to  hold  lands  for  Depots  and  Ma- 
chine Shops  and  fixtures,  anil  said  company  shall  have  the  same  right 
and  authority  to  contract  for  land  for  the  track  of  said  Railroad  so  ex- 


29 

tended  or  to  bo  extended,  and  also,  to  tako  tlio  sarao  by  appraisal  when 
the  sauio  cannot  bo  obtained  by  contract,  as  was  granted  to  said  Com- 
pany in  reference  to  other  lands,  by  the  original  charter  of  said  Com- 
pany, api)rovcd  March  seventh,  eighteen  hvnidred  and  thirty-four,  and 
in  case  said  Company  shall,  at  any  time,  bo  in  possession  of  any  lands 
for  any  ])ai't  of  tho  track  of  said  Ilailroad,  the  title  to  which  shall  not  be 
perfect  in  said  Company,  the  same  may  be  obtained  by  appraisal  or 
re-appraisal  and  payment  therefor,  in  the  manner  prescribed  in  said 
original  charter. 

Sec.  3.  For  tho  purpose  of  tho  extension  and  connection  contem- 
plated by  the  foregoing  provisions,  and  to  enable  said  Company  to  re- 
construct said  Railroad  with  a  T  rail,  the  President,  Directors  and 
Company  of  tho  Detroit  and  Pontiac  Ilailroad,  are  hereby  authorized 
to  sell  or  negotiate  tho  bonds  of  the  Company,  at  a  rate  of  interest  not 
exceeding  eight  per  cent.,  at  such  time  and  at  such  places,  either  withii 
or  without  the  StJito,  and  at  such  rate  and  for  such  prices  as,  in  theii 
opinion,  will  best  advance  the  interests  of  the  Company,  and  if  such 
bonds  are  thus  sold  at  a  discount,  that  such  sale  shall  be  as  void  in 
every  respect  .-is  if  they  wcro  not  sold  at  their  par  value.  The  capital 
stock  of  said  Conij^any  is  hereby  increased  to  two  hundred  thousand 
dollars,  with  power  to  further  increase  said  capital  stock  to  five  hundred 
thousand  dollars,  tlie  stock  to  be  divided  into  shares  of  fifty  dollara 
each,  and  the  Company  ate  hereby  authorized  to  issue  its  certificates 
for  the  same,  and  register  the  same  upon  the  books  of  said  Company; 
provided,  Said  Company  shall  issue  no  bonds  for  less  than  one  hnn- 
dred  dollars. 

Sec.  4.    Tliis  act  shall  tako  effect  and  bo  in  force  from  and  after  its 
passage. 

Approved  March  20,  1850. 


30 

An  Act  to  authorise  the  consolidation  of  the  Detroit  an  7  Pontiuc 
and  the  OakUind  and  OttavMi  Railroad  Companies,  so  as  to  form 
a.  continuous  line  from  Detroit  to  Lake  Jf/chir/an,  under  the  name 
of  the  Detroit  and  Mihonulrc  Ruilwa>j  Compani/. 

Sec.  1.  The  peopio  of  tlie  State  of  Michigan  enact;  I'liat  tlio  De- 
troit and  Pontine  llaih'oad  Company  shall  bo  known  hereafter  by  the 
name  of  the  Detroit  and  Milwaukee  Railway  Coin})any. 

Sec.  -.  The  eapitnl  stock  of  said  Company  may  be  increased  by 
said  Company,  from  time  to  time,  to  an  amount  not  e.\(.'oediiio;  ten 
millions  of  dollars,  in  such  maimer  as  ina}'  be  determined  I;y  the  IJoanl 
•if  Directors  of  said  C'omjiany. 

Sec.  3.  The  said  Comi)any  is  hereby  authorized,  for  Uio  purpose 
of  forming  a  continuous  line,  to  purchase  all  tlio  pro])erty,  rights  and 
franchises  of  the  Oakland  and  Ottawa  Railroad  Company,  upon  such 
terms  as  shall  be  mutually  agreed  upon,  and  the  Stockholdei's  of  the 
said  Oakland  and  Ottawa  Railroail  Company,  shall,  in  case. of  sale, 
heoome  stockholders  of  said  Detroit  and  Milwaukee  Railway  Company 
in  such  proportions  as  may  be  agreed  upon  in  the  terms  of  sale,  and 
:he  said  Oakland  and  Ottawa  Railroad  Company  shall  thereupon 
i'coomo  merged  in  tlio  said  Detroit  and  Milwaukee  l^iilway  Com- 
].any. 

Sec.  4.  In  case  tif  (lie  said  purchase  or  consolidation,  the  said 
Detroit  and  Milwaukee  Railway  Company  shall  hold  the  whole  of  said 
mad  and  propert}',  subject,  in  all  respects,  to  the  original  charter  of  the 
Detroit  and  Poiitiao  Railroad  Company  as  amended  from  time  to  time 
and  shall  have  full  power  and  authority  to  exci'cise  the  powers,  pri\  i- 
^oges  and  franchises  granted  by  said  charter,  over  the  whole  line  of 
^ai'l  roa'la  and  property,  in  like  manner  as  if  botli  of  said  companies 
hail  originally  been  incorporated  under  said  charter. 

Sh;c.  5.     All  dues,  demands,  contracts  and  liabilities  of  the  Oak 
land  and  Ottawa  Railroad   Company  shall  be  and  remain  in  force 
.igainst  the  Detroit  and  Milwaukee  Railway  Company,  in  like  manner 
as  if  originally  incurred  by  said  Company,  and  all  rights  of  creditors, 
ami  all  liens  upon  the  property  of  either  of  said  corporations  shall  In; 


h 


31 


■md  licrcby  are  preserved  uninipairod ;  and  the  respcctise  corporations 
.shall  continue  to  exist,  so  far  as  may  bo  necessary  to  enforce  the  same. 

Sec.  0.  All  suits  and  proceedings  of  whatever  name  or  nature 
wherein  the  said  Oakhunl  and  Ottawa  Railroad  Company  is  con- 
cerned, or  in  anywise  interostoil,  shall  continue;  and  the  name  of  said 
Detroit  and  Milw  aukoe  Railway  Company  shall  he  used  therein  in  liuu 
.  )f  the  name  of  said  Oakland  and  Ottawa  Railroai.1  Company,  and  said 
Detroit  and  Milwaukee  Railway  Company  shall  be  bound  in  like  man- 
ner as  if  originally  named  in  said  suits  or  proceedings,  ani.1  all  deeds, 
mortgages  and  other  instruments,  and  all  claims,  duos  and  rights  what- 
soever belonging  to  the  Oakland  and  Ottawa  Railroad  Company,  shall, 
•ifter  said  sale,  bo  deemed  and  held  iu  law  to  enure  and  belong  to 
-aid  Detroit  and  Milwaukee  Railway  Company,  in  like  manner  as  if 
the  same  had  originally  been  made,  or  belonged  to  said  last  named 
Company. 

Sec.  7.  And  the  said  Company,  for  the  purpose  of  providing 
means  for  the  finishing  of  said  road  and  appurtenances,  may  issue 
their  corporate  bonds  or  obligations,  for  such  sums,  not  less  than  one 
Ivundred  dollars,  upon  such  terms  and  rates  of  interest  as  it  may  deter- 
luir.e,  and  may  secure  the  same  bv  a  morliiaire  of  iho  road  ov  othi.T 
property  of  said  Company,  and  in  case  of  a  sale  thereof  at  a  discount, 
the  same  shall  be  as  valid  and  effectual  as  if  they  had  been  sold  at 
their  par  value. 

Sec.  8.  Any  other  Railroad  Company  which  may  exist  under 
uiy  of  the  laws  of  this  State  shall  have  the  right  to  cross  the  track  of, 
unite,  intci'sect,  or  connect  with  the  railroad  of  this  Company  at  any 
])oint  on  its  route,  witli  the  necessary  turnouts,  sidings,  switches  and 
>ther  conveniences,  in  furtherance  of  the  object  of  its  connections,  and 
tb.e  said  company  is  authorized  to  make  such  business  arrangements 
with  other  companies  as  they  may  mutually  agree  upon;  in  case  the 
crossings  and  connections  cannot  be  agreed  upon,  then  there  slial!  be 
three  commissioners  appointed  by  the  circuit  court  of  the  county 
where  such  crossing,  or  connection  is  desired  to  be  made  or  a  jury  of 
iwehe  freeholders,  if  either  company  desire  it  shall  be  drawn  from  the 
petit  jury  box  of  the  county  whore  the  crossing  or  connection  is  pro- 


32 


posed  to  bo  made  in  the  Bame  manner  as  jurors  are  drawn  for  tlic 
circuit  court,  upon  such  notice  to  the  opposite  party  as  the  circuit 
court  of  said  county  shall  prescribe,  whoso  duty  it  shall  bo  to  deter" 
mine  how  the  said  road  shall  be  crossed,  and  to  assess  the  just  com- 
pensation to  be  paid  by  either  or  both  of  said  companies,  which  sum 
80  assessed,  shall  be  paid  or  tendered  to  said  company,  and  when  the 
Bum  shall  be  so  paid  or  tendered  to  said  company,  such  other  railroad 
company  shall  have  the  right  to  make  and  complete  such  crossing  and 
connections  in  the  manner  determined  by  said  commissioners  or  by 
said  jury. 

Sec.  9.  The  said  company  shall,  on  or  before  the  first  day  of  July, 
pay  the  State  Treasurer  an  annual  tax  of  one  per  cent,  on  the  capital 
stock  of  said  company  paid  in,  which  tax  shall  be  in  lieu  of  all  other 
taxes  except  for  penalties  imposed  upon  said  company  by  its  act  of 
incorporation,  or  any  other  law  of  this  State ;  the  said  tax  shall  bo 
estimated  upon  the  last  annual  report  of  said  corporation. 

Sec.  10.  This  act  shall  take  effect  and  bo  in  force  whenever  tlic 
game  shall  have  been  accepted  by  the  Detroit  and  Pontiac  Railroad 
Company,  and  by  the  Oakland  and  Ottawa  Railroad  Company,  at 
meetings  of  the  Stockholders  called  for  that  purpose,  nolico  of  which 
uiL'etiiigs  .-hall  be  given  at  Ifu^i  thirty  .!;iys  pr'..'vious  ihci'i'to  bv  -.ii':- 
lication  in  some  newspaper  published  in  the  city  of  Detroit,  and  in  tli* 
village  of  Pontiac;  and  it  shall  require  the  vote  of  two  thirds  of  tlu' 
stock  of  each  of  said  companies  to  make  such  acceptance  valid,  and  in 
case  of  such  .acceptance,  each  of  said  companies  shall  file  a  ccrtiticatc 
thereof  in  the  offico  of  the  Secretary  of  State,  within  three  montlis 
after  such  acceptance,  and  notice  of  such  acceptance  shall  also  be  [lub- 
lished  in  some  newspaper  publisbcd  in  the  city  of  Detroit. 

Approved  February  13,  1855. 

I  do  hereby  certify,  the  above  and  foregoing,  to  be  a  true  copy  of 
an  original  act  now  on  file  in  the  office  of  the  Secretary  of  State. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  ami 

[L.  S.]  afiixed  the  Great  Seal  of  the  State  of  Michigan,  at  Lansing, 
this  twenty-third  day  of  February,  A.  D.,  1855. 

ROD.  R.  GIBSON,  De^-).  Seec'y  of  State. 


\ 


PROCEEDINGS. 


OF   THE 


iftroit  aiii  loiriiar  %mlmii  C«. 


I  certify,  that  at  a  meeting  of  the  Stockholders  of  tho  Detroit  and 
Pontiac  Railroad  Company,  held  on  the  19th  day  of  April,  185.5,  in 
accordance  with  the  provisions  of  the  foregoing  act,  more  than  two- 
thirds  of  said  Stock  being  legally  represented  at  said  meeting,  the 
following  resolutions  were  adopted  by  tho  unanimous  vote  of  the 
Stockholders  present: 

Iicxolird,  That  tlio  Detroit  and  Pontiao  Railroad  Company  horol'V 
accept  ihe  Act  of  the  Logislalure  of  Michigan,  entitled  "  An  act  to 
authorize  tho  consolidation  of  the  Detroit  and  Pontiac  and  Oakland  and 
Ottawa  Railroad  Companies,  so  as  to  form  a  continuous  line  from  Detroit 
to  Lake  Michigan,  under  the  name  of  tho  "  Detroit  and  Milwaukee 
Railway  Company,"  approved  the  13tli  day  of  February,  A.  D.  1855; 
and  tho  Secretary  of  this  Company  is  hereby  directed  to  file  a  certifi- 
cate thereof  in  the  office  of  the  Secretary  of  State,  and  publish  a  notico 
of  said  acceptance  in  the  Detroit  Daily  Advertiser  and  Free  Press, 
newspapers  of  tho  city  of  Detroit,  according  to  the  provisions  of  section 
ten  of  said  act. 

Resolved,  That  the  President,  and  Messrs.  J.  P.  Whittemore  and 
Patrick  Tregent,  Jr.,  bo,  and  they  are  hereby,  constituted  and  appointed 
a  committee,  with  full  power,  to  contract  with  the  Oakland  and  Ottawa 
Railroad  Company,  for  the  purchase  of  its  property,  rights  and  fran- 


34 

cliiaes  in  pursuance  of  Iho  Act  of  the  Legislature  referred  to  in  the  last 
preceding  resolution,  and  to  report  their  action  to  the  board  of 
Directors,  to  be  carried  into  effect  by  the  said  Board,  (and  they  are 
hereby  authorized  to  carry  the  same  into  effect)  in  the  usual  maimer. 
I  further  certify,  that  at  a  meeting  of  the  Directors  of  said  road,  on 
the  2l8t  day  of  April,  1855,  the  said  Committee  reported  an  agree- 
ment, of  which  a  copy  is  hereto  appended,  which  was  adopted  and 
executed  by  said  Board. 

JAMES  V.  CAMPBELL. 
Secrttary  Detroit  4*  Pontiac  H.  B.  Co. 


ii    'v\ 


PROCEEDINGS 


OF   TBE 


^alilanU  anti  Dttatoa  liailroalJ  Co. 


*>♦' 


I  certify,  that  at  a  meeting  of  the  stockholders  of  the  Oakland  and 
Ottawa  Railroad  Company,  held  on  the  6th  day  of  April,  A.  D.  1855, 
in  accordance  with  the  provisions  of  the  foregoing  Act  of  the  Legisla. 
ture  of  Michigan,  more  than  two-thirds  of  said  Stock  being  represented 
at  said  meeting,  the  following  resolutions  were  adopted  by  the  unani, 
mous  vote  of  the  Stockholders  present: 

RE  SOLUTIONS. 

The  Oakland  and  Ottawa  Railroad  Company  hereby  accept  the  act 
entitled,  "An  Act  to  authorize  the  consolidation  of  the  Detroit  and 
Pontiac  and  Oakland  and  Ottawa  Railroad  Companies,  so  as  to  form  a 
continuous  line  from  Detroit  to  Lake  Michigan,  under  the  name  of  the 
"Detroit  and  Milwaukee  Railway  Company,"  approved  the  13th 
February,  1855;  and  the  Secretary  of  this  Company  is  hereby  directed 
to  file  a  certificate  thereof  in  the  office  of  Secretary  of  State,  and 
publish  a  notice  of  such  acceptance  in  some  newspaper  in  the  city  of 
Detroit,  according  to  the  provisions  of  section  ten  of  said  act,  whenever 
the  Detroit  and  Pontiac  Railroad  Company  shall  accept  said  act  pur- 
suant to  its  provisions. 


36 


The  Oaklmul  and  Ottawa  Railroad  Company  will  consent  to  dispose 
of  their  corporate  property  to  tLe  Detroit  and  Milwaukee  Railway 
Conopany,  under  the  provisions  of  an  act  entitled  "  An  Act  to  authorize 
the  consolidation  of  the  Detroit  and  Pontlac  and  Oakland  and  Ottawa 
Railroad  Companies,  so  as  to  form  a  continuous  line  from  Detroit  to 
Lake  Michigan,  under  the  name  of  the  Detroit  and  Milwaukee  Railway 
Company,"  upon  the  terms  hereinafter  mentioned ;  and  the  Directors 
are  hereby  authorized  to  agree  upon  such  disposal  and  sale  upon  said 
terras,  and  to  cause  to  be  executed,  when  such  terms  are  agreed  upon 
by  the  Detroit  and  Milwaukee  Railway  Company  or  its  Directors 
when  authorized,  an  agreement  for  such  disposal  and  sale,  sealed  with 
the  seal  of  this  Company  and  signed  by  its  President  and  Secretary, 
interchangeably  with  the  seal  of  said  Detroit  and  Milwaukee  Railway 
Company,  and  with  the  signatures  of  the  President  and  Secretary  of 
the  last  named  Company,  which  agreement  shall  embrace  these  terma 
in  substance,  and  no  terms  incousistant  therewith,  viz: 

First. — A  sale  and  disposal  of  all  the  corporate  property  of  this 
Company. 

Second. —  The  assumption  by  the  Detroit  and  Milwaukee  Railway 
Company  of  all  the  contracts,  debts  and  liabilities  of  this  Company 
including  the  bonds  already  issued  and  the  bonds  due  the  Stockholders 
of  the  Detroit  and  Pontiac  Railroad  Company,  under  the  lease  hereto- 
fore made  to  this  Company  by  the  last  named  Company — and  all  other 
iiabilities  and  engagemenls. 

Third. — The  appointment  of  Directors  of  the  Detroit  and  Milwaukee 
Railway  Company  of  such  persons  as  the  Directors  of  the  Oakland  and 
Ottawa  Railroad  Company  shall  approve. 

Fourth. — Equality  of  Stock ;  one  dollar  in  this  Company  being  held 
equivalent  to  one  dollar  in  the  Detroit  and  Milwaukee  Railway 
Company. 

I  further  certify,  that  at  a  meeting  of  the  Directors  of  said  Oakland 
and  Ottawa  Railroad  Company,  held  on  the  2l8tday  of  April,  1855, 
the  agreement,  of  which  a  copy  is  hereto  annexe.  i\  was  reported,  adopted 
and  executed.  C.  C.  TROWBRIDGE, 

Sec'y  0.  Jf  0.  R.  R.  Co. 


^- V-  -,.  A 


1     . 


-.  A 


Ctrtificate  of  tljt  ^etrrfarii  of  ^tatc. 


State  of  Michigan — Secretauy's  Office, 

Lansing,  May  12,  1855. 

I  certify,  that  the  Detroit  and  Pontiac  Railroad  Company,  and  the 
Oakland  and  Ottawa  Railroad  Company,  have  this  day  tiled  in  this 
office  their  acceptance  of  an  Act  of  the  Legislature  of  the  State  of 
Michigan,  entitled  "An  Act  to  authorize  the  consolidation  of  the 
Detroit  and  Pontiac  and  Oakland  and  Ottawa  Railroad  Companies,  so 
as  to  form  a  continuous  lino  from  Detroit  to  Lake  Michigan,  under 
the  name  of  the  Detroit  and  Milwaukee  Railway  Company,''  approved 
February  13,  1855,  as  provided  in  the  10th  section  of  said  act. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  ami 
f  L.  s.]    affixed  the  great  seal  of  the  State  of  Michigan,  at  Lansing, 
this  12th  day  of  May,  A.  D.  1855. 

J.  McKINNEY,  Secretary  of  State. 


f: 


Iiflrrmtnt  for  ConsoIiDation. 


Articles  of  Agreement  for  the  Consolidation  of  the  Detroit  and 
Pontiac  Railroad  Company,  and  the  Oakland  and  Ottawa  Bail- 
road  Company. 

Whereas,  By  an  act  of  the  Legislature  of  the  State  of  Michigan, 
entitled  "  An  act  to  autlK»rize  the  consolidation  of  the  Detroit  and 
Pontiac  and  Oakland  and  Ottawa  Railroad  Companies,  so  as  to  form 
a  continuous  line  from  Detroit  to  Lake  Michigan,  under  the  name  of 
the  Detroit  and  Milwaukee  Railway  Company,"  approved  February 
13th,  1855,  it  is  provided,  among  other  things,  that  the  name  of  the 
Detroit  and  Pontiac  Railroad  Company  be  changed  to  that  of  the 
'•  Detroit  and  Milwaukee  Railway  Company  ;"  that  said  last  mentioned 
Company  be  authorized  to  purchase  the  Oakland  and  Ottawa  Railroad 
Company's  property,  rights  and  franchises,  and  that  after  such  pur- 
chase, said  last  mentioned  Company  shall  be  merged  in  said  "  Detroit 
and  Milwaukee  Railway  Company,"  and  cease  to  have  any  separate 
existence. 

And  whereas,  each  of  the  said  Companies  has,  at  a  meeting  of  its 
Stockholders,  called  in  pursuance  of  said  Act,  accepted  the  said  Act, 
and  determined  upon  such  consolidation ;  and  whereas,  a  lease  of  the 
Detroit  and  Pontiac  Railroad  was,  heretofore,  on  the  first  day  of 
January,  A.  D.  1855,  made  to  the  said  Oakland  and  Ottawa  Railroad 
Company,  whereby  compensation  was  provided,  in  the  sum  of  two 
hundred  thousand  dollare,  for  the  difference  in  the  par  value  of  the 
stocks  of  said  Companies,  in  favor  of  the  Detroit  and  Pontiac  Railroad 
Company,  whereby  said  stocks  were  placed  on  a  footing  of  equality  : 

Now  therefore,  in  consideration  of  the  premises,  it  is  mutually  cove- 
nanted and  agreed,  by  and  between  the  said  parties — 

First, — The  said  Oakland  and  Ottawa  Railroad  Company  sells 
unto  the  said  Detroit  and  Milwaukee  Railway  Company,  formerly 


■---.,  i'> 


i       i 


39 


.„!_ 


\: 


known  as  tlie  Detroit  and  Pontiac  Railroad  Company,  all  and  singular, 
the  Railroad,  lands,  lighte  of  way,  depots,  depot  grounds,  cars,  engines^ 
Railroad  iron,  wharves,  buildings,  machinery,  bridges,  culverts,  fences, 
timber,  lumber,  ties,  furniture,  instruments,  and  all  and  singular  their 
real  and  personal  estate  of  erery  kind  and  nature,  wheresoever  the 
same  may  be,  and  all  contracts,  agreements,  claims  and  rights  in  action 
of  every  nature  and  description,  and  every  right  or  claim  of  property, 
rights,  interests,  privileges  and  effects,  of  every  name,  nature,  -or  de- 
scription ;  ii  being  intended  hereby  to  retain  no  property  or  rights  in 
the  said  Oakland  and  Ottawa  Railroad  Company,  but  to  invest  the 
Detroit  and  Milwaukee  Railway  Company  with  all  their  rights,  pro- 
perty and  effects,  to  the  fullest  citent,  as  if  the  said  Detroit  and  Mil- 
waukee Railway  Company  had  always  been  in  the  place,  and  held  the 
chartered  rights  of  the  Oakland  and  Ottawa  Railroad  Company  :  To 
have  and  to  hold  the  property,  rights  and  interests  hereby  conveyed, 
unto  the  Detroit  and  Milwaukee  Railway  Company,  its  successors  and 
assigns,  subject  to  the  agreements  hereinafter  contained,  forever. 

Second. — The  Detroit  and  Milwaukee  Railway  Company  agree  to 
assume,  and  hereby  assume,  all  the  contracts  and  liabilities,  express  or 
implied,  of  said  Oakland  and  Ottawa  Railroad  Company,  and  agree  to 
perform  the  same  in  good  faith,  and  without  defauii;  and  they  further 
agree,  if  it  can  be  done,  to  take  up  and  discharge  the  bonds  issued 
under  the  Trust  Mortgage  heretofore  executed  by  the  said  Oakland  and 
Ottawa  Railroad  Company,  by  means  of  bonds  to  be  hereafter  issued, 
and  secured  by  a  Trust  Mortgage  on  the  whole  line  of  said  road ;  and 
they  agree  to  issue  such  amount  of  such  future  bonds  as  may  be 
necessary,  and  devote  the  same  to  distribution  among  the  Stockholders 
of  the  Detroit  and  Pontiae  Railroad  Company,  as  formerly  organized, 
and  who  bceame  entitled  to  eaid  two  hundred  thousand  dollars  of 
bonds,  under  the  lease  aforesaid — who  have  not  yet  received  their 
portion  of  said  bonds. 

Third. — The  Directors  of  said  Detroit  and  Milwaukee  Railway 
Company  shall  be,  until  the  next  annual  meeting,  and  until  their 
successors  are  chosen,  then  or  thereafter,  the  following  persons,  namely, 
Henry  N.  Walker,  Henry  Ledyard,  H.  P.  Baldwin,  E.  A.  Brush,  B. 


40 


11 


-j  ( 


Wight,  W.  M.  McConnell,  N.  P.  Stewart,  Eber  B.  Ward  and  Harvey 
P,  Yale,  who  shall  take  oflBce  within  one  week. 

Fourth. — The  holders  of  stock  .ssued  heretofore  by  the  Detroit  and 
Pontiac  Railroad  Company,  and  by  the  Oakland  and  Ottawa  Railroad 
Company,  shall,  within  a  reasonable  time,  surrender  their  certificatea, 
and  in  lieu  thereof,  certificates  shall  be  issued  to  them  of  equal 
amounts,  in  par  value,  in  the  Detroit  and  Milwaukee  Railway  Com- 
pany, and  the  books  of  the  Oakland  and  Ottawa  Railroad  Company 
shall  be  closed,  and  delivered  up  at  once  to  said  Detroit  and  Milwaukee 
Railway  Company,  and  from  this  date  no  distinction  shall  exist  be- 
tween the  holders  ot  said  respective  stocks,  but  the  same  shall  be 
held  identical  in  rights  and  in  interest,  dollar  for  dollar. 

F^fth  — That  the  first  mortgage  on  the  Consolidated  Road,  shall 
not  be  for  a  sum  to  exceed  two  and  a  half  millions  of  dollars. 

Sixth. — That  as  by  the  terms  of  the  said  lease,  it  was  agreed  that 
interest  on  the  stock  of  said  Detroit  and  Pontiac  Railroad  Company, 
should  be  paid  semi-annually  at  the  rate  of  seven  per  cent.,  until  the 
whole  line  to  Lake  Michigan  should  be  completed  and  in  operation,  it 
is  hereby  agreed  that  the  receipts  of  said  line  from  the  operation,  or 
running  thereof,  or  any  part  thereof,  shall  not  be  used  for  any  purpose 
other  than  to  pay  the  interest  on  the  bonded  debt  of  said  Consolidated 
Company,  until  the  said  mterest  on  the  original  stock  of  the  Detroit 
and  Pontiac,  now  the  Detroit  and  Milhvaukee  Railway  Company,  shall 
be  paid,  in  accordance  with  the  terms  of  said  lease  and  agreement 
heretofore  referred  to. 

In  Witness  Whereof,  The  said  Detroit  and  Milwaukee  Railway 
Company  and  said  Oakland  and  Ottawa  Railroad  Company,  have 
hereunto  set  their  corporate  seals,  and  have  caused  these  presents  to  be 
signed  by  their  Presidents  and  Secretaries,  respectively,  this  twenty- 
first  day  of  April,  A.  D.  1855. 

H.  N.  WALKER,  Pres.  of  0.  <&  0.  R.  R.  Co. 

C.  C.  TROWBRIDGE,  Sec.  of  0.  db  0.  R.  R.  Co. 

N.  P.  STEWART,  Pres.  D.  dk  M.  R.  R.  Co. 

JAS.  V.  CAMPBLLL,  Sec.  Det.  d-  Mil.  R.  R.  Co. 
In  presence  of 

Porter  Kibbee,       W.  M   McConnell,      A.  H.  Adams. 


i««  ** 


,1     I! 


41 


id 

id 

al 
n- 

^y 

ee 
te- 
be 

all 

lat 

»y. 

he 

,it 
or 
)sa 
ted 
oit 
tall 
snt 


I 


State  of  Michigan,  ) 

Wayno  County,       \ 

On  this  twenty-fifth  day  of  April,  A.  D.  1855,  before  me  a  Notary 
Public,  for  said  County,  personally  appeared  the  within  named,  H.  N. 
Walker,  President  of  the  Oakland  and  Ottawa  Railroad  Company, 
C.  C.  Trowbridge,  Secretary  of  the  Oakland  and  Ottawa  Railroad 
Company,  N.  P.  Stewart,  President  of  the  Detroit  and  Milwaukee 
Kailway  Company,  and  Jas.  V.  Campbell,  Secretary  of  the  Detroit  and 
Milwaukee  Railway  Company,  known  to  me  to  be  the  persons  who 
executed  this  written  instrument  and  acknowledged  the  same  to  be  the 
free  act  and  doed  of  said  Companies,  duly  executed  by  them,  fully 
authorized  thereto,  and  regular  and  valid  in  name  and  form,  and  that 
said  seals  are  the  corporate  seals  of  said  companies. 

A.  H.  ADAMS, 
Notary  Public,  Wayne  County,  Mich. 


ray 

ave 

be 

ity- 


. 


PROCEEDINGS 


OF  THB 


irfroit  ic  Hiltoaiilue  dSkttiiij  loarir. 


^  < 


I  certify  that  at  a  meeting  of  the  Stockholders  of  the  Detroit  and 
Milwaukee  Railway  Company,  held  on  the  21st  day  of  April,  A.  D. 
1855,  the  following  named  gentlemen  were  elected  Directors  to  serve 
until  the  next  annual  meeting  of  said  Company,  and  until  their  suc- 
cessors are  chosen,  then  or  thereafter,  namely :  Henry  N.  Walker, 
Henry  Ledyard,  Buckminster  Wight,  Henry  P.  Baldwin,  Edmund 
A.  Brush,  Eber  B.  Ward,  and  Nelson  P.  Stewart,  of  Detroit,  Willard 
M.  McConnel  of  Pontiac,  and  Harvey  P.  Yale,  of  Grand  Rapids. 

At  a  meeting  of  said  Directors,  on  the  same  day,  Henry  N.  Walker 
was  elected  President,  Henry  Ledyard,  Vice  President,  and  Charles  C 
Trowbridge,  Secretary  and  Treasurer. 

At  a  subsequent  meeting  of  the  said  Directors,  on  the  23d  day  of 

April,  A.  D.   1855,  the  President  and  Secretary  were  appointed  a 

Committee  to  prepare  and  submit  to  the  Board  a  Mortgage  upon  its 

railway  and  franchises,  and  the  Committee  submitted  a  Mortgage  and 

the  form  of  a  Bond,  which  were  approved  by  the  Board  and  ordered 

lo  be  executed,  of  which  Mortgage  and  Bond   copies  are  appended 

hereto.  C  C,  TROWBRIDGE, 

Secretary  Detroit  and  Milwaukee  Railway  Company. 

Office  op  the  D.  &  M.  R.  Co. ) 
Detroit,  May  10,  1855.       j 


•  /♦ 


oyr 


artps^ 


). 

e 


^ 


^1 


Tuis  Indenture,  made  tho  twenty-fourth  day  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-five,  between 
the  *'  Detroit  and  Milwaukee  Rjiilway  Company,"  a  body  politic  and 
corporate,  under  the  laws  of  the  State  of  Michigan,  in  the   United 
States  of  America,  of  the  first  part,  and  Erastus  Corning,  Esquire,  of 
Albany,  in  the  State  of  New  York;  Frederick  C.  Gebhard,  Esquire, 
of  the  City  of  New  York,  and  George  F.  Porter,  Esquire,  of  Detroit,  in 
the  State  of  Michigan,  Trustees  of  the  second  part :  Whereas,  the  said 
"  Detroit  and  Milwaukee  Railway  Company"  comprehends  a  consolida- 
tion of  tho  "  Detroit  and  Pontiac"  and  "  Oakland  and  Ottawa"  Railroad 
Companies,  and  has  succeeded  them  in  all  their  rights ;  And  whereas, 
the  said  "  Detroit  and  Pontiac  Railroad  Company"  has  heretofore  is- 
sued Bonds  to  the  amount  of  five  hundred  thousand  dollars,  and  has 
secured  the  payment  thereof  by  three  several  Mortgages  upon  that 
part  of  the  road  of  this  Company  between  Detroit  and  Pontiac,  and 
the  Depots  and  Depot  Grounds  connected  therewith ;  And   whereas, 
the  said  **  Oakland  and  Ottawa  Railroad  Company,"  which  has  now 
ceased  to  exist  as  a  corporation,  but  whose  liabilities  are  binding  on 
the  party  of  tho  first  part,  did  heretofore  execute  to  Erastus  Corning 
and  Samuel  Laing,  Trustees,  a  Mortgage  on  the  part  of  said  Railroad 
between  Pontiac  and  Lake  Michigan,  and  the  Depots  and   Depot 
Grounds  connected  therewitl-,  in  the  sum  of  five  hundred  thousand 
pounds  sterling,  to  secure  such  bonds  as  should  bo  issued  under  said 
Mortgage  to  that  amount ;  under  which  last  Mortgage  have  been  issued 


44 


Sterling  Bonds  to  the  amount  of  thirty-one  thousand  pounds,  and 
Dollar  Bonds  to  the  amount  of  fifty-seven  thousand  dollars,  and 
no  further  Bonds  can  be  issued  under  the  same,  by  reason  of  the 
Company  having  ceased  to  exist ;  And  whereas,  the  said  party  of  the 
first  part  have  agreed  to  pfiy  all  of  said  Bonds  of  both   Companies, 
the  said  "  Detroit  and  Milwaukee  Railway  Company"  having  become 
organized  under  the  Laws  of  Michigan,  as  a  consolidated  company, 
propose  to  provide  means  for  finishing  their  road  and  appurtenances, 
by  issuing  their  Bonds  bearing  date  the  first  of  May  now  next  ensu- 
ing, to  an  amount  not  exceeding  two-and-a-half  millions  of  dollars,  to 
to  be  issued  from  time  to  time  hereafter,  as  may  be  determined  by 
their  Directors,  payable  at  their  agency  in  New  York  city,  or  such 
other  place  as  may  hereafter  be  designated  in  said  city,  and  the  prin- 
cipal of  which  shall  be  convertible  into  the  Capital  Stock  of  said  Com- 
pany, at  par,  at  any  time  within  five  years  from  the  date  thereof,  on 
the  surrender  of  the  same,  with  the  unpaid  interest  warrants  annexed ; 
all  of  which  Bonds  are  to  be  made  payable  on  the  fifteenth  day  of 
May,  in  the  year  one  thousand  eight  hundred  and  seventy-five,  and 
to  bear  interest  at  the  rate  of  seven  per  cent,  per  annum,  payable  semi- 
annually on  the  fifteenth  day  of  May  and  the  fifteenth  day  of  No- 
vember, of  each  year,  on  the  delivery  of  Interest  Warrants  or   Cou- 
pons, signed  by  the  President,  Vice-President  or  Treasurer  of  the 
Company,  and  annexed  to  said  Bonds  for  that  purpose ;  all  of  which 
bonds  are  to  be  on  an  equality  so  far  as  regards  the  security  therefor 
created  by  these  presents,  and  are  to  be  made  transferable  by  general 
or  special  indorsement,  or  by  delivery,  as  if  the  same  were  notes  of 
hand,  payfible  to  bearer;  each  of  which  Bonds  is  to  be  signed  by  the 
President,  or  Vice-President  and  Secretary  of  Iho  said  company,  and 
is  to  have  a  printed  certificate  on  the  back  thereof,  to  be  signed  by 
said  Corning,  Gebhard  and  Porter,  Trustees,  or  by  the  survivor  or  sur- 
vivors of  them,  or  by  their  successor  or  successors,  as  Mortgagees  in 
trust,  certifying  in  substance  that  such  Bond  is  one  of  the  Bonds  in- 
cluded in  and  intended  to  be  secured  by  this  Mortgage,  and  none  of 
the  Bonds  are  to  bo  valid  until  such  printed  certificate  thereon  is  so 
signed ;  and  in  order  to  secure  the  payment  of  the  said  Bonds  and  in- 


45 


1 


terestjthereon,  according  to  the  terms  thereof,  it  is  propose'l  to  mort- 
gage the  Railroad  and  other  property  of  the  "  Detroit  and  Milwaukee 
Railway  Canipany/'  its  rights,  privileges  and  franchises,  in  trust  to  the 
said  Erastus  Corning,  B'redorick  C.  Gebhard  and  George  F.  Porter. 

Now,  therefore,  this  Indenture  witnesseth,  that  the  said  "  Detroit 
and  Milwaukee  Railway  Company,"  party  of  the  first  part  to  these 
presents,  in  order  to  carry  out  the  design  aforesaid,  to  secure  the  pay- 
ment of  the  Bonds  of  said  Company,  as  aforesaid,  and  the  interest  on 
said  Bonds,  and  in  consideration  of  the  premises  and  of  one  dollar  to 
the  Baid  Company  in  hand  paid  by  the  said  parties  of  the  second  part, 
the  receipt  whereof  is  hereby  acknowledged,  hath  granted,  bargained, 
Bold,  remised,  released,  aliened  and  confirmed,  and  by  these  presents 
doth  grant,  bargain,  sell,  remise,  release,  alien  and  confirm  unto  the 
said  parties  of  the  second  part,  their  successors  in  this  trust,  and  their 
heirs  and  assigns  as  joint  tenants  and  not  as  tenants  in  common,  all  and 
singular  the  Railway  of  the  said  Company  in  and  from  Detroit,  in  the 
county  of  Wayne,  to  and  in  Grand  Haven,  in  the  county  of  Ottawa, 
in  the  State  of  Michigan,  including  the  right  of  way  and  the  land  oc- 
cupied thereby,  together  with  the  supeistructure  and  the  tracks  there- 
on, and  all  bridges,  viaducts,  culverts,  depots,  depot  grounds  and 
wharves  connected  therewith  or  belonging  to  the  said  parties  of  the 
first  pait,  and  all  buildings  thereon,  and  all  the  franchises,  rights  and 
privileges  of  the  said  company. 

To  have  and  to  hold  the  above  bargained  and  described  property 
and  rights,  privileges,  hereditaments  and  franchises,  unto  the  said 
Erastus  Corning,  Frederick  C.  Gebhard  and  George  F.  Porter,  Trust- 
ees as  aforesaid,  or  the  survivor  or  survivors  of  them,  and  to  their  suc- 
cessors in  this  trust,  lieirs  and  assigns  for  ever,  upon  the  following 
trusts,  that  is  to  say .  That  if  the  said  party  of  the  first  part  shall  neg- 
lect or  refuse  to  pay  the  said  Interest  Warrants,  or  any  of  them,  or 
the  said  Bonds,  or  any  of  them,  as  the  same  become  due  and  are  duly 
presented  for  payment,  tlien  and  in  such  case,  the  said  Trustees  above 
named,  or  the  survivor  or  survivors  of  them,  or  their  successors  for  the 
time  being  in  the  trust  hereby  created,  ( or  a  majority  of  the  said 
Trustees  or  of  their  successors,)  may  in  their  discretion,  upon  the 


46 


I 
\ 


written  demand  of  any  holder  or  holders  of  any  of  said  Bonds,  pro- 
ceed to  enforce  the  said  trust,  by  taking  possession  of  the  said  Rail- 
road and  all  and  singular  the  property,  effects,  rights,  privileges  and 
hereditaments  above  sot  forth  and  conveyed,  or  intended  to  be  con- 
veyed by  these  presents,  and  retain  possession  thereof  personally  or 
by  such  officers  and  agents  as  they  shall  see  fit  to  employ,  and  have, 
use  and  enjoy  the  same  and  receive  all  and  singular  the  proceeds  of 
the  same,  making  from  time  to  time  all  needful  repairs,  alterations  and 
additions  thereto,  and  retain  possession  thereof,  until  out  of  the  net 
proceeds  and  earnings  of  said  road,  over  and  above  the  expenses  of 
running  and  keeping  the  same  in  repair  and  making  such  alterations 
and  additions,  they  shall  receive  enough  to  pay  all  Warrants  and 
Bonds  which  shall  be  due  and  unpaid,  and  a  reasonable  compensa- 
tion for  their  services,  and  no  longer;  and  as  often  as  any  further  or 
other  default  shall  be  made,  it  shall  be  lawful  for  said  Trustees,  or 
their  survivor  or  survivors,  or  their  successors  in  office  for  the  time  be- 
ing (or  a  majority  of  said  Trustees  or  their  successors  as  aforesaid,)  to 
proceed  in  like  manner;  or  in  case  of  any  default  at  any  time  as  afore- 
said, the  said  Trustees  or  such  survivor  or  survivors  or  successors  ( or 
a  majority  of  said  Trusteees  or  successors,)  may,  if  they  see  fit,  pro- 
ceed to  sell  the  whole  of  said  Railroad  and  tracks  and  superstructure, 
and  the  property,  rights,  privileges  or  franchises  hereby  coveyed  or  in- 
tended so  to  be,  or  in  their  discretion  to  sell  such  parts  of  the  proper- 
ty as  shall  b.  necessary  to  pay  the  amount  due  and  unpaid  and  the 
costs  and  expenses  of  such  proceedings,  and  which  can  be  sold  sepa- 
rately without  impairing  the  residue  or  affecting  the  franchises  of  the 
Company,  at  public  auction,  at  the  City  of  New  York,  first  giving 
three  calendar  months  previous  notice  of  the  time  and  place  of  such 
sale,  by  publishing  the  same  in  three  daily  newspapers— one  publised 
in  the  City  of  Boston,  one  in  the  City  of  New  York  and  one  in  the 
City  of  Detroit — unless  the  amount  so  due  and  unpaid,  with  said  ex- 
penses incurred  by  said  Tsustees,  shall  be  paid  previously  to  the  time 
appointed  for  such  sale ;  and  in  caso  of  any  sale  made  under  the  pro- 
visions of  this  instrument,  they,  the  said  Trustees,  or  the  survivor  or 
survivors  of  them,  or  their  said  successors,  are  hereby  authorized  and 


'K 


47 


ompoweroJ  to  execute,  acknowledge  and  deliver  any  and  all  deeds, 
bills  of  sale,  contracts,  acquittances  or  other  instruments  which  may 
be  necessary  to  carry  into  effect  such  sale  or  sales  according  to  the  in- 
tent thereof,  and  the  proceeds  of  such  sale  shall  bo  used  for  the  pur- 
pose of  paying  all  sums  due  and  unpaid  on  such  Bonds  and  Warranto 
and  the  expenses  of  such  sale  and  of  said  Trustees,  and  the  bal- 
ance, if  any,  shall  bo  applied  to  satisfy  all  the  outstanding  Bonds  se- 
cured by  this  Mortgage,  rateably,  or  be  retained  by  tlie  Trustees,  and 
invested  to  meet  and  satisfy  future  payments  which  may  become  due. 

But  in  case  the  said  sale  is  total  instead  of  partial,  tlien  the  said 
proceeds,  after  paying  such  expenses  and  a  reasonable  compensation  to 
the  Trustees,  shall  be  equitably  and  rateably  applied  upon  all  of  the 
outstanding  Bonds  and  Coupons,  so  far  as  may  be  necessary  to  pay  the 
same  in  full,  and  the  surplus,  if  any,  shall  be  distributed  rateably 
among  the  Stockholders  of  the  Company  according  to  equity ;  Provi- 
ded always,  and  these  presents  are  upon  this  express  condition,  that  if 
the  said  "  Detroit  and  Milwaukee  Railway  Company"  shall  well  and 
truly  pay  all  of  their  said  bonds,  issued  as  aforesaid,  and  the  warrants 
thereto  attached,  upon  presentment  st  maturity,  then  these  presents 
shall  cease  and  become  utterly  null  and  void,  without  any  release, 
quittance,  re-conveyance  or  other  act  or  formality ;  but  in  such  case, 
and  whenever  said  bonds  and  warrants  are  all  paid,  and  satisfactory 
evidence  shall  be  given  to  the  said  Trustees  of  such  payment,  it  shall, 
nevertheless,  be  the  duty  of  the  said  Trustees,  or  the  survivor  or  survi- 
vors of  them,  or  their  successors,  at  the  expense  of  said  Company,  its 
successors  or  assigns,  to  execute,  acknowledge  and  deliver  to  said 
Company,  its  successors  or  assigns,  on  demand,  a  full  release,  acquit- 
tance and  discharge  of  all  the  liabilities  aforesaid,  and  a  full  release  and 
re-conveyance  of  all  and  singular  the  property  hereby  convoyed  and 
not  lawfully  disposed  of  under  the  trusts  and  powers  aforesaid. 

And  in  case  of  the  death,  resignation  or  mental  incapacity  of  either 
of  the  said  Trustees,  a  new  Trustee  or  new  Trustees,  as  the  case  may 
requiie,  with  thy  same  powers  as  he  or  they  would  have  had  if  such 
powers  had  been  ounferrod  on  him  or  them  originally,  under  this  in- 
strument, as  mortgage 0  or  mongagees  in  trust,  may  be  appointed  by  the 


48 


Supremo  Court  of  tho  Stnto  of  Michigan,  or  by  any  other  Court  in 
said  State,  of  competent  jurisdiction,  upon  the  appHcation  of  said  party 
of  the  first  part ;  or  if  Buch  party  shall  neglect,  for  thirty  days, to  make 
fuch  application,  then  luch  now  Trustee  or  Trustees  may  bo  appointed 
on  the  application  of  the  surviving  Trustee  or  Trustees,  or  of  aiiy  of  tho 
holders  of  Bonds  secured  by  this  imtruraeut  :  Provided,  that  tho  re- 
signation of  any  Trustee  under  this  instrument  shall  only  bo  made 
operative  by  a  deed  executed  and  acknowledged,  and  recorded  accord- 
ing to  tho  laws  of  Michigan,  in  the  Counties  whore  this  instrument  is 
recorded ;  and  it  is  expressly  j»rovided,  further,  that  tho  Trustees  under 
this  instrument  shall  only  be  liable,  each  for  his  own  individual  acts  or 
omissions,  and  not  for  the  acts  or  omissions  of  any  other  Trustees 
unless  he  shall  join  therein  or  consent  thereto. 

And  the  said  party  of  tho  first  part  do  hereby  convenaut  and  agree 
to  and  with  the  said  parties  of  tho  second  part  and  their  survivors  and 
successors  in  the  trust  hereby  created,  and  their  heirs  and  assigns,  that 
they  will  satisfy  the  Bonds  secured  by  all  of  the  Mortgages  prior  to  this 
hereinbefore  mentioned,  and  that  the  amounts  of  the  Bonds  of  theso 
Companies,  secured  by  said  Mortgages  and  outstanding,  do  not  exceed 
the  amounts  hereinbefore  stated  or  recited ;  and  tlioy  further  covenant 
and  agree  that  they  will  at  all  times  lieicafter,  upon  tlie  (IcmiuiikI  of  s.iid 
parties  <  f  the  second  part,  or  their  survivors  or  their  successcn-s  in  said 
trust,  execute,  acknowledge  and  deliver  all  such  further  conveyances 
and  assurances  as  may  reasonably  bo  required  for  the  conveyance  and 
assurance  of  all  and  singular  the  property,  effects,  rights,  privileges  and 
franchises  hereby  conveyed  or  intended  so  to  be,  or  any  property,  ef- 
fects, rights,  privileges  or  franchises  hereafter  acquired,  which,  if  now 
possessed,  would  be  covered  by  tho  terms  of  this  instrument,  to  tho  said 
parties  of  the  second  part,  their  survivors  or  their  successors,  under  tho 
terms  of  this  instrument,  and  that  they  will  forever  warrant  and  defend 
the  same  to  the  said  parties  of  the  second  part,  their  survivors,  suc- 
cessors, heirs  or  assigns,  against  the  lawful  claims  of  all  persons  whom- 
soever :  And  the  said  party  of  the  first  part  hereby  covenant  and 
agree  to  pay  unto  the  said  parties  of  the  second  part  and  their  survi- 
vors and  successors  in  the  trust  hereby  created,  a  reasonable  corapen- 


49 


in 


,^.-  ..► 


Mtioii  fur  ;ill  •-(irvJces  to  lie  |nir.  iiiifd  li\  tlu'iii.oriitlior  «il"  iIkmd,  uiidor 
IIiIh  iiistniiinnt. 

J\  wiTNKHs  wiiKKEor,  Tlui  said  "  Dftioil  and  Milwaukee  Hiiilway 
Coiiiiiauy,"'  hatli,  unto  tlu-wo  ju'tx'iits,  set  its  corporate  M-al,  mid  cimsed 
llit'80  prc'soiith  to  lie  .si;,'tu'd  liy  Ifonrv  N.  \\  alkcr,  tlic  IVcsidcjit,  mid 
CliarliiH  C.  Tnnvliridf,'!',  tlio  Sucrctary,  of  waid  Coinjmiiy,  tiiti  day  and 

voar  lirnt  abovo  writlt.'ii. 

llKNltV  ^'.  WALKlllJ, 

[kkai..]  l'r.;hidfnt   I).  iV  M.  H.  ('. 

CIIAULKS  C.  TROWHUincH:, 

JSotivtary  D.  .V:  M.  R.  ('. 

Signed,  sealod  and  delivorwl,  in  presence-  of -j  ^'  }}•  J^^'^^^'^^ 

iitata  of  M/r/n;;<i,i,  ] 

County  of  '  W<i!ini'.  f  "^' 

On  this  twi'iily  tourlli  day  of  April,  in  the  year  of  r)ur  Lord,  ono 

thousand  i'i"lit.  hundred  and  tiftv-tive,  before  lue,  a  Notary  Public  for 

said  Oouiity,  ]torsonally  appeared  Henry  N.  Walker,  President,  and 

Chailes  C.  Trowbridno,  So('retar\',  of  tho  *'  Detroit  and  Milwaukee 

Railway  Com[iany,"  known  to  nio  to  bo  the  persons  devseribed  in  and 

wlio  executed  the  foroj^oinji;  instrument,  and  acknowledged  the  same 

to  bo  the  free  act  and  deed  of  wdd  "  Detroit  and  Milwaukee  Railway 

Company,"  for  the  uses  and  purposes  therein  expressed. 

A.  H.  ADAMS, 

JSotary  Public,  Wayne  County,  Michigan. 


State  of  Michlrian,  Rcriisler's  Oj/!cv,  Waifne  Countij. 

Received  for  record  this  24t]i  day  of  April,  A.  D.,  1855,  at  six 
o'clock,  P.  M.,  and  recorded  in  Liber  22  of  Mortjrages,  on  pages  310, 
31V,  iSlic.  IL  R.  NOVVlAND,  Register. 

State  of  Mlchf'/an,  liec/tsters  Ojjice,  Oakland  County. 

Received  for  record  this  20th  day  of  April,  A.  D.,  1855,  at  half- 
past  seven  fiVliK'k,  P.  M.,  and  recorded  iu  Liber  26  of  Mortgages,  ou 
pages  111,  11.;!,  110,  111,  11a,  110. 

]{(JBERT  W.  DAY  IS,  Register. 

Fee?,  f>2.<i  i.    Paid.  liy  D.  A.  Ellioix,  Deputy  Register. 


30 


Slate  of  Michijun,  Ecylstcr's  Office,  (Joiiesee  Count y. 

Received  for  recorJ  this  24th  day  of  April,  A.  D.  1855,  at  four 
o'clock,  P.  M.,  and  recorded  in  Liber  11  of  Mort^afres,  on  pngen  7,  8, 
9,  IG  and  11.    Paid.  F.  K.  TRACY,  liei-istor. 

State  of  Michvjany  Register's   Office,  iShimnassee  C'ountij. 

Received  for  record  this  28th  day  of  April,  A.  D.  1855,  at  ten 
o'clock,  A.  M.,  and  recorded  in  Liber  D.  of  Mortgages,  on  pages,  2,  3 

and  4. 

Fees  $3.00.    Paid.  0.  CORCORAN,  Register. 

State  of  Michigan,  Reriister''s  Office,  Clinton  County. 

Received  for  record  this  28th  day  of  April,  1855,  at  five  o'clock,  P. 
M.,  and  recorded  in  Liber  D.  of  Mortgages,  on  ptitres  431,  432,  433, 
434  and  435.     Fees  $2.75.  SETH  P.  MARVIN,  Register. 

State  of  Michigan,  Megister's  Office,  Ionia  County. 

Received  for  record  this  30lb  day  of  April,  A.  D.,  1855,  at  nine 
o'clock,  P.  M.,  and  recorded  in  Liber  D.  of  Mortgages,  on  jiages  210, 
211  aud  212. 

Fees  $2.75.  C.  OSCAR  THOMPSON,  Deputy  Register. 

^fa:t!  of  Michigan,  Jtegisler's  Office,  Kent  County. 

Received  for  record  this  30th  day  of  April,  A.  D.,  1855,  at  five 
o'clock,  P.  M.,  and  recorded  in  Liber  J.  of  Mortgages,  on  pages  815, 
816,  817  and  818.     Paid  fee  $3.         F.  W.  WORDEN,  Register. 

State  of  Michigan,  Registers  Office,  Ottawa  County. 

Received  for  record  the  28th  day  of  A]>ril,  A.  D.,  1855,  at  fivo 
o'clock,  P.  M.,  aud  recorded  in  Liber  B.  of  Mortgagee,  on  i>agos  60!), 
610,  611,612  and  013.     Paid  §3. 

TIMOTHY  FLETCHER,  Register. 


*#■ 


i}5,  at  {'our 
pagt^s  7,  8, 


{egistor. 


855,  at  tftn 
pages,  2,  3 

Roiristor, 


o'clock,  P. 
.  432,  433, 
Ik'gistor. 


55,  at  nine 
pages  210, 

Register. 


855,  at  fivo 
pages  815, 
Register. 


!55,  at  fivo 
pjiges  60!), 


Register. 


^ortscige  anil  ConbcrtiWc  §onIr. 


No.- 


TITK  UNITKD  STATES  OF  AMERICA. 


KTATK    OF     MICniaAN. 


$1,000. 


TnR  Detroit  axd  Milwackke  Railway  Company,  being  a  Company 
formo'l  under  the  authority  of  an  Act  of  tho  Legislature  of  the  State  of 
]IHicliigan,  approved  February  13,  1855,  authorizing  the  consolidation, 
under  tlio  said  title,  of  tho  Detroit  and  Pontiac  and  Oaliland  and  Ottawa 
Railroad  Companies,  aclcnowlodge  to  owe,  and  promise  to  pay  to  James 
F.  Joy,  or  to  tho  holder  hereof,  at  the  Office  of  the  Agency  of  this 
Company,  or  other  place  in  the  City  of  Now  York,  which  shall  hereafter 
1)0  designated,  the  sum  of  One  Thousand  Dollars,  on  the  Fifteenth  day 
of  May,  one  thousand  eight  hundred  and  seventy-five,  together  with 
interest  for  tho  same,  after  the  rate  of  Seven  Dollars  for  every  One 
Hundred  Dollars  by  the  year,  to  bo  paid  semi-annually,  on  the  Fifteenth 
<lay  of  May  iuid  tho  Fifioentli  day  of  November,  in  each  year,  on  the 
delivery  of  the  annexed  Warrants,  as  they  shall  severally  become  due, 
at  the  Oflice  of  tho  said  Agency  or  other  designated  place  in  tho  City  of 
Now  York. 

The  holder  of  this  Bond  shall  be  entitled,  at  any  tune  within  five  years 
from  tho  date  hereof,  to  convert  the  principal  sum  into  the  Capital  Stock 
of  the  said  Company  at  pur.  (Fifty  Dollars  per  Share,)  on  tho  surrender 
of  this  Bond  with  the  unpiud  Interest  Wan-ants  annexed.  And  tho  said 
Company  agree,  that  this  Obligation,  and  all  rights  and  benefits  arising 
therefrom,  may  bo  traiiKforrcd  by  general  or  special  indorsement,  or  by 
tlelivory,  as  if  the  samo  were  a  Note  of  Hand  payable  to  bearer.  This 
Bond,  with  other  similar  Bonds,  is  se^iured  by  tho  first  and  only  Mortgage, 


52 


i^ 


except  as  lipreiii  mentioupil,  on  their  Railway  from  Doirnit  to  Grand 
Havt'n,  in  fciie  Statt>  of  Michi-ian.  incliulinq;  tlio  Uif^ht,  of  Way,  and  the 
Land  occupiod  Ihereby,  tnffothor  willi  tlu"  Su])oi'structui'o  and  Tracks 
thoreoii,  and  all  liiidir^s.  Via<liu'ts.  (.'iilv<'rta,  Depots,  Uojjot  Grounds,  and 
Wlmrvos  <'Oiinectol  Uu'rcwilh  or  iKiloiiirintr  fn  said  Iiuilvvay  *-'ouipuny, 
and  all  Buildings  thort!(»ii.  und  also  on  tho  Franchis'.s  of  tlic  Haid  t'oni- 
pany,  executed  to  Erastiis  Corning,  Ksqiiire,  of  tho  ('ity  ot  Albany, 
Frederick  C.  (Jrobhard,  Entpiire,  of  the  City  of  Now  York,  and  George  F. 
Porter  Esquire,  of  the  City  of  Detroit,  'rrustees,  to  secure  the  sum  of  two- 
aud-a-half  Millions  of  Dollars,  and  duly  Recorded  in  the  Oflice  of  tho 
Register  of  Deeds  for  tho  Counties  of  Wayne.  Oakland,  (lonesee,  Shiawassee 
Clhiton,  Ionia,  Kent,  and  Ottawa,  in  the  State  of  ilichigan:  But  subject 
to  Mortgages  made  by  the  Detroit  and  Pontiac  Railroad  Company  on 
that  part  of  sai<l  Road  between  Detroit  and  Pontiac,  and  tiie  Depots  and 
Depot  (Grounds  connected  therewith,  for  Five  Hundred  Thousand  Dollars 
and  to  a  Mortgage  made  by  the  Oakland  and  OttJiwa  Railroad  Company 
on  that  part  of  said  Road  from  Pontiac  to  Lake  Michigan,  and  the 
Depots  and  Depot  Grounds  connected  therewith,  on  which  lionds  have 
been  issued  only  to  the  amount  of  Thirty-one  Thousand  Pounds  in 
Sterling  Bonds,  and  Fifty-seven  Thousand  Dollars  in  Dollar  Bonds. 

GrvKX  under  the  Corporate  or  Common  Seal  of  the  said  Com- 
(  L.  S. )     pany,  this  lirst  day  of  May,  in  the  year  of  our  I^ord  one 
ibousand  eight  hundred  and  fiftv-five. 

Not  Valid  until  the  printed  Certilicate,  on  the  back  hereof,  signed  by 
Erastu.=5  Corning,  Frederick  C.  Gebhard,  and  George  F.  Porter,  Esquires 
or  by  the  survivor  of  them,  or  by  their  successor  or  successors,  as  Mort- 
gagees in  Trust. 

Presitlen*  of  tho  Compnuy. 


.Secretiiry  of  the  Company. 


^1000. 


Bond  JVo.- 


Interest  Warrant  JVo.  1. 


THE  DETROIT  and  MILWAUKEE  RAILWAY  COMPANY 

Will  pay  the  Bearer,  at  their  Agency  in  the  City  of  AVw  York,  on  the 
Fifteenth  day  of  JVovemhcr,  l><^)i),  Thirty-Jive  Dollars  for  Interest  due 
OH  that  day. 

jj35  Interest  TrewuMr. 


i 


EXTRACT 

From  an  Act  of  tli«  Legislature  of  Michigan,  entitled  "  .hi  Act  to 
provide  for  the  Incorporation  of  Railroad  Companies^  approved 
February  12,  1855. 


? 


\  ;- 


Section'  27,  All  Companies  organized  under  this  apt,  (and  all  other 
railroad  conipanicf,)  shall  have  powe>v  from  time  to  time,  to  borrow  such 
sums  of  money  as  thoy  may  doom  iic/  ■^r•r  for  completing  and  finishing 
or  operating  their  railroad,  and  to  ;  .i  1  dispose  of  their  bonds  for 
any  amount  so  borrowed  for  such  t:...i..s  and  at  such  rate  of  interest  as 
they  may  deem  advisable,  and  to  mortgage  their  corporate  property 
and  franchises  to  secure  the  payment  of  any  debt  comracted  by  the 
company  for  the  purpose  aforesaid;  and  the  directors  of  the  company 
may  confer  on  any  holder  of  any  bond  issued  for  money  borrowed  as 
aforesaid,  the  right  to  convert  the  principal  due  or  owing  thereon,  into 
stock  of  said  company  at  any  time  not  exceeding  twenty  years  from  tho 
date  of  said  bond,  under  such  regulations  as  the  company  may  see  fit  to 
adopt;  and  such  company  may  sell  their  bonds  either  within  or  without 
this  State,  at  such  rates  and  prices  as  they  may  deem  proper;  and  in  case 
the  capital  stock  of  any  such  railroad  company  is  found  to  be  insufiicient 
for  constructing  or  operating  its  road,  or  for  building  a  double  track, 
repairs  or  other  improvements  to  facilitate  tho  transportation  of  persons 
and  property,  such  company  may,  with  tho  concurienco  of  a  majority  of 
its  stockholders,  by  vote  at  any  annual  meeting,  or  special  meeting  called 
for  that  purpose,  increase  its  capital  stock  to  the  requisite  amount. 


t|: 


Detroit,  January  14,  18.'>1. 
IIknry  X.  Walker,  Esq..  President,  iS'C. 

Dkar  Sir:  I  Imve  hastily  looked  over  the  report  of  Rohort  Iliglrini, 
Esq.,  your  Chief  Eusrineer,  iipou  the  "  Character,  Cost,  I^ocation  and 
Prospects"  of  your  Koad,  hut  havo  had  no  time  to  examine  the  sources 
of  the  estimates.  That  this  road  will  be  a  first  class  paying  one  for 
investment  of  capital  I  never  entcitained  a  doubt. 

Why  Western  Railroads  should  pay  as  well  aa  they  do  in  a  country 
comparatively  thinly  settled,  is  not,  I  think,  fully  understood  among 
capitalists  at  tht;  East. 

In  the  Kastern  States  a  large  proportion  of  tlio  soil  is  unsuitod  to 
cultivation ;  the  whole  furnishing  a  less  return  of  produce  than  is  required 
for  home  consumption.  The  agricultural  interest  which  comprises  a 
large  proportion  of  the  people  of  even  that  section  of  our  country,  fur- 
nishes very  little  business  to  the  internal  carrying  trade.  Here  the  case 
is  a  far  different;  every  aero  is  well  adapted  to  the  cultivation  of  every 
kind  of  produce  suited  to  the  climate,  which  is  produced  with  ench  ease 
as  to  require  but  a  small  proportion  of  the  result  to  supply  tho  producers 
a  domestic  demand. 

Here,  grain  growing  is  the  great  buBinos.s  of  the  agriculturist,  under 
which  tho  land  in  use  yields  nearly  a  ton  of  produce  per  acre.  There 
grazing  is  the  chief  business  from  which  any  exports  are  derived,  under 
which  the  land  in  use  would  furnish  from  40  to  100  lbs.  weight  per  acre 
per  annum. 

Your  road  traverses  as  rich  a  territory  for  agricultural  purposes  as  any 
in  Michigan,  which  must  furnish  a  very  large  ami  increasing  tonnage, 
while  tho  items  of  Lumber,  Plaster  and  Coal  will  form  a  very  considerable 
source  of  revenue,  especially  tho  former,  which  will  give  a  large  tonnage 
at  a  good  paying  rate.  With  its  low  cost  and  good  prospects  for  busines.s 
it  ought  fitvorably  to  commend  itself  to  the  attention  of  capitalists  invest* 
ing  in  this  sort  of  s».K'urity. 

Very  respectfully  yours, 

J.  W.  BROOKS. 


,).) 


CENSUS  OF  MICHIGAN. 


.>1. 


'^ 


Calhoun 

Cans, 

Chippewa, 

Clinton, 

Katon, 

Enimt't, 

(lenesee, 

(Jratiot, 

(Jiand  TraveiBe, 

Hillsdale, 

Houghton 

Huron, 

Ingham, 

JsahelU, 

Ionia, 

Jackson,  ■  •  • 

Kalania/.oo, 

Kent, 

Lapeer, 

Lenawee,-  •• 
Livingston,- 
Macomb,-  •  ■ 
Macinac,.  •  • 
Marquette,  • 

Mason, 

Midland,  •  -  • 

Monroe, 

Montcalm,  - 
Mecosta,  •  •  • 
Newaygo,  ■  • 
Oakland,  •  •  • 
Oceana,-  ••- 
Ontonagon, 
Ottawa,  •  •  •  - 
Saginaw,  •  ■ 
Schoolcraft, 
Shiawassee,- 
St.  Clair,- •- 
St  .ToHeph,- 
Sanilac,.  ••  • 
Tuscola,  •  •  • 
Van  Buren,  - 
Washtenaw, 
Wayne,  — 


i^iOas 


11,125     16,L58 

708 

'         207 

5,207      8,034 


1.028 

t;,;iti7; 

2,122 

2.002' 

14,540 

.5,0'2!) 

004! 


i,02n! 
iij.L'io; 

7,;i8(ii 

2,5H7i 

4,20f)| 

17.880 

7,430 

9,710: 

U2;ii 


5,004^ 
l6,Hn2' 
10,l!"2 

0.157; 

5.314' 
13,011 1 
10,780 
13,510: 

1,007; 


lO.Gli;      9,922,    i:i,3G5 


20,103:    23,640 


026; 

020; 

1.184 
.3.fi73 
0,337, 


704 
8!)2 

2,103l 
4,600| 

7,008j 


1,2021  l,910l 
21,817;  23,.->71' 
23,400;    24,143 


30,288 


1,438| 
1,218 

3,92lj 

7.080; 
10,007! 


3,743 
26,970 
32,207 


8,488 

19,433 

13,170 

1.3,179 

7,02() 

20,380 

13,477 

13,532 

3,59s 

130 

93 

05 

14,695 

891 

510 

31,200 

300 

389 

6.490 

2,675 

10 

5,233 

10,420 

12,708 

S,115 

291 

5,802 

28,500 

42,770 


174,059  212,073'  30,5,305'  384,279  532.986 


7,K04 

7.8v!l 
i;i.!:49 
16,724 
22,708 
13,124 

1,902 

8,042 
10,905 

4,977 

15,070 

911 

911 

19,188 

4,325 
702 
11,222 
fiOO 
10,727 
21,9,55 
10,893 
17,809 

9,701 
31,148 
14,185 
18,114 

1,645 

600 

1,500 

18,122 

2,000 

500 

979 

31,884 

3,602 
9,233  I 
10,000 ! 
I 
7,419! 
10,897 
15,087 
3,529 
1,804 
7,780 
28,836 
05,778 


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23  WEST  MAIN  STRUT 

WEBSTER,  N.Y.  MSSO 

(716)872-4503 


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addressed  to  the  Stockholders. 

C.  C.  TROWBRIDGE,  Scci-etary. 


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